P. v. Rodriguez
Defendant Juan Caldera Rodriguez appeals from the judgment entered following his conviction by a jury of three counts of possessing methamphetamine for sale, two counts of selling or transporting methamphetamine, one count of possessing cocaine for sale, and one count of selling or transporting cocaine. (Health & Saf. Code, 11378, 11379, subd. (a), 11351, 11352, subd. (a).)[1] The jury also found that the three counts of possessing methamphetamine for sale took place upon the grounds of, or within 1,000 feet of, a public junior high school within the meaning of section 11353.6, subdivision (b). Defendant contends the evidence is insufficient to sustain one of the convictions for possessing methamphetamine for sale (count 3) and the true findings on the section 11353.6, subdivision (b) allegations. Court reverse his conviction as to count three, affirm the judgment in all other respects, and remand the matter for resentencing.
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