P. v. Mercado
Police officers stopped defendant Pedro Mercado, a member of the Townsend Street gang, and found him in possession of over 3 grams of marijuana, 900 milligrams of cocaine base, and 400 milligrams of methamphetamine. Defendant admitted to the officers that he sold the cocaine. He claimed the marijuana and methamphetamine were only for his personal use, but conceded that if someone asked to buy either substance he would sell it as well. On appeal, defendant contends the trial court erred by (1) denying his pretrial motion to suppress evidence ( 1538.5), (2) admitting testimony from a criminal street gang expert, (3) denying his request for probation, (4) imposing a felony sentence on count 4, and (5) failing to stay the sentences imposed on counts 2, 3, and 4. He also challenges the sufficiency of the evidence on the street terrorism charge and criminal street gang allegations. Since all of his claims lack merit, Court affirm.
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