People v. LAUFASA

Opinion

SEPULVEDA, J.

Defendant was convicted of two drag offenses after he was caught at Oakland International Airport concealing methamphetamine. He contends that the trial court lacked the authority to order him not to enter the country illegally if he is ever deported. We affirm.

I.

Factual and Procedural Background

Defendant was arrested on August 11, 2009, after a patsearch at Oakland International Airport revealed that he was carrying 900 grams (about two

[438]

pounds) of crystal methamphetamine hidden in pockets of spandex shorts under his clothing. Defendant was charged with one felony count of possession of methamphetamine for sale (Health & Saf. Code, § 11378—count 1), with an enhancement for possessing for sale more than 57 grams of the substance (Pen. Code, § 1203.073, subd. (b)(2)), and one felony count of transportation of methamphetamine for sale (Health & Saf. Code, § 11379, subd. (a)—count 2). The information further alleged a prior strike (Pen. Code, §§ 667, subd. (e)(1), 1170.12, subd. (c)(1)). A jury convicted defendant of both counts and found the enhancement true, and defendant admitted the prior strike in a bifurcated proceeding.

The probation department reported that defendant was not a United States citizen, and that United States Immigration and Customs Enforcement had been notified of that fact on December 10, 2009. The probation department recommended that the court order that if defendant was deported, that he not return to the United States illegally.

After it first denied defendant’s motion to dismiss his prior strike

(People v. Superior Court (Romero)

(1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628]), the trial court sentenced defendant to the upper term of four years on the transportation count, doubled because of the strike, for a total of eight years in prison.

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At the sentencing hearing, the trial court also ordered “that if you [defendant] are deported from the United States, you are not to return to the United States illegally. You are only to return to the United States if you do so legally, sir.” Defendant timely appealed.