People v. Guerrero CA4/2

Filed 1/23/14 P. v. Guerrero CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E058358

v. (Super.Ct.No. FBA1100719)

XAVIER JORGE GUERRERO et al., OPINION

Defendants and Appellants.

APPEAL from the Superior Court of San Bernardino County. Miriam Ivy

Morton, Judge. Affirmed.

Reed Webb, under appointment by the Court of Appeal, for Defendant and

Appellant Xavier Guerrero.

Mark D. Johnson, under appointment by the Court of Appeal, for Defendant and

Appellant Deon Banks.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Melissa Mandel and Meredith S.

White, Deputy Attorneys General, for Plaintiff and Respondent.

1

Defendants and appellants Guerrero and Banks each received a 16-month sentence

after pleading guilty to attempting to possess marijuana for sale. (Pen. Code, § 664;

Health & Saf. Code, § 11358.) Each defendant appealed the trial court’s ruling that they