P. v. Pineda
A jury found defendant guilty of transportation of a controlled substance (Health & Saf. Code, 11379, subd. (a)) (count 1) and possession for sale of a controlled substance (Health & Saf. Code, 11378) (count 2). The trial court thereafter found true that defendant had previously been convicted of two drug-related offenses within the meaning of Health and Safety Code section 11370.2, subdivision (c). Defendant was sentenced to a total term of six years in state prison. On appeal, defendant contends (1) the new jury instructions, Judicial Council of California Criminal Jury Instructions (CALCRIM) Nos. 223 and 302, violate the due process clause of the Fourteenth Amendment by shifting the burden of proof to the defendant; (2) the trial court erred in sentencing her to six years in state prison; and (3) the matter must be remanded for the court to pronounce judgment on count 2. Because the trial court failed to impose sentence on count 2, the matter must be remanded for resentencing. Court reject defendants remaining contentions.
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