P. v. Wright
A jury convicted defendant Gordon James Wright in case No. 04F6567 of transporting methamphetamine (Health & Saf. Code, 11379, subd. (a)),[1]possessing methamphetamine for sale ( 11378), possessing drug paraphernalia ( 11364, a misdemeanor), and possessing less than 28.5 grams of marijuana, a misdemeanor ( 11357, subd. (b)). It found defendant not guilty of being under the influence of a controlled substance ( 11550, subd. (a)), and the court declared a mistrial when the jury could not reach a verdict on the charge of driving under the influence of drugs (Veh. Code, 23152, subd. (a)). The court found true the special allegations regarding prior drug-related convictions ( 11370.2, subd. (c)) and a prior prison term (Pen. Code, 667.5, subd. (b)).
On appeal, defendant challenges the courts refusal to consider a negotiated plea on the second day of trial. He also argues that the court violated his Sixth Amendment right to counsel when it consulted the presiding judge outside the presence of defendant and his attorney. Court affirm the judgment.
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