People v. Kendrick

19 Cal.Rptr.3d 436 (2004) 122 Cal.App.4th 1303 The PEOPLE, Plaintiff and Respondent,

v.

Frank KENDRICK, Defendant and Appellant.

No. F044059. Court of Appeal, Fifth District.

October 4, 2004. Review Granted January 19, 2005. [437] Deborah Prucha, under appointment by the Court of Appeal, Woodland, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, J. Robert Jibson and Charles Fennessey, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

VARTABEDIAN, Acting P.J.

The issue before us on this appeal is whether a defendant may validly enter into a plea bargain that permits sentencing under the determinate sentencing law, when the admitted crime is a "nonviolent drug possession offense" for purposes of Proposition 36. (See Pen.Code, §§ 1210, subd. (a), 1210.1.) We conclude he may, and [438] affirm defendant's sentence imposed pursuant to the plea bargain.

Facts and Procedural History

Defendant Frank Kendrick agreed to sell a police informant "3 or 4" ounces of cocaine. The informant met defendant at a Wal-Mart parking lot. Defendant's associate, Delgado, stood watch in front of the store. At the informant's prearranged signal, officers moved in to arrest defendant. They found 3.56 ounces of cocaine under the seat of defendant's car and a much smaller amount in his pocket. As the officers arrested defendant, Delgado turned away and entered a store. Other officers arrested him. A search of Delgado's home recovered 1.59 pounds of cocaine.

An information charged defendant with possession of cocaine for sale (count 1; Health & Saf.Code, § 11351) and transportation of cocaine (count 2; Health & Saf. Code, § 11352, subd. (a)) not for personal use (Pen.Code, § 1210, subd. (a)). The information also contained certain enhancement allegations.