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P. v. Mendiola
Defendants Porfilia Renee Mendiola and Mario Barreras appeal from judgments entered against them following jury convictions for possessing heroin (Health & Saf. Code, 11350, subd. (a); count 1), possessing heroin while armed with a loaded firearm (Health & Saf. Code, 11370.1; count 2), being a felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1);[1]count 3), making or possessing fictitious bills or notes with intent to defraud ( 476; count 4), possessing a counterfeiting apparatus ( 480, subd. (a); count 5), and possessing drug paraphernalia (Health & Saf. Code, 11364; count 6). Court reject Mendiolas Miranda and sufficiency of evidence contentions. Court also reject defendants contentions that sentencing on count 3 must be stayed. Defendants sentences on count 4, however, must be stayed under section 654, as agreed by the People. Accordingly, defendants sentences are reversed as to count 4, with defendants judgments affirmed in all other respects.


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