P. v. Etherton
While executing a search warrant for the purpose of arresting Virgil Randolph James, law enforcement officers searched a travel trailer and a residence and discovered a clandestine methamphetamine lab, several firearms, and 77 marijuana plants. Defendant John Russell Etherton was the registered owner of the travel trailer, and the owner of the residence stated that approximately 28 of the marijuana plants belonged to John. Officers then sought and obtained a second search warrant for, among other things, the same travel trailer and residence for the purpose of seizing certain property and arresting defendant.
Defendant was charged with manufacturing methamphetamine (Health & Saf. Code, 11379.6, subd. (a); count 1), sale or transportation of methamphetamine (id. 11379, subd. (a); count 2), possession of marijuana for sale (id. 11359; count 3), cultivating marijuana (id. 11358; count 4), possession of a firearm by a felon (Pen. Code, 12021, subd. (a)(1); count 5), illegal possession of ammunition ( 12316, subd. (b)(1); count 6), and driving without a license, a misdemeanor (Veh. Code, 12500, subd. (a); count 7). With respect to counts 1 and 2, it was alleged that defendant had a prior drug conviction. (Health & Saf. Code, 11370.2, subds. (b), (c).) With respect to count 1 only, it was alleged that defendant was personally armed with a firearm in the commission of that offense. ( 12022, subd. (c).) With respect to counts 3 and 4, it was alleged that a principal in the commission of those offenses was armed with a firearm. ( 12022, subd. (a)(1).)
However, the record reflects that the remaining counts and enhancement allegations were not dismissed as required by the plea agreement. Court direct the trial court to do so. Although the plea agreement does not expressly provide for their dismissal, Court conclude that such was an implicit term of the plea agreement since defendant agreed to imposition of the upper term for manufacturing methamphetamine.
The judgment is affirmed. The trial court is directed to dismiss counts 2 to 7 and the remaining enhancement allegations. (Health & Saf. Code, 11370.2, subd. (c); 12022, subds. (a)(1), (c).)
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