People v. Vergara

Opinion

NOTT, J.

The People appeal the pleas and sentences of defendants Julio Alberto Vergara, Jaime Pena, Rodrigo Torres, and Martin Sanchez. The appeal is based on the contentions that the trial court entered into an impermissible plea bargain and also improperly stayed imposition of the Health and Safety Code section 11370.4, subdivision (a)(4) enhancements. The convictions are affirmed. The order staying the enhancements is reversed with directions.

Facts

After surveillance of the defendants, the Los Angeles Police Department recovered 25 kilograms of cocaine. Based on that recovery, a search warrant was obtained for nine locations. The officers seized over 91 kilograms of cocaine, almost 3 kilograms of heroin, 4 grenade launchers, 4 grenades, 2 automatic rifles, 2 silencers, approximately 500 rounds of ammunition, and $12,000 in cash.

Each defendant was charged as follows:

Count 1 Health and Safety Code section 11352 (sale of cocaine);

Count 2 Health and Safety Code section 11351 (possession of cocaine for sale);

Count 3 Health and Safety Code section 11351 (possession of heroin for sale);

Count 4 Penal Code section 12303 (possession of a destructive device—40mm mortar);

Count 5 Penal Code section 12303 (possession of a launching device for a mortar);

Count 6 Penal Code section 12303.2 (possession of a destructive device near a public place or residence);

Count 7 Penal Code section 12220 (possession of a machine gun);

Count 8 Penal Code section 12520 (possession of a silencer).

The information included enhancement allegations under Health and Safety Code section 11370.4, which would have added 15 years to each

[1567]

defendant’s sentence under counts 1 and 2, and an additional 3 years as to count 3.