P. v. Montonen
Jon Peter Montonen appeals from a judgment upon a jury verdict finding him guilty of transportation of methamphetamine (Health & Saf. Code, § 11379) and possession of methamphetamine (id., § 11377, subd. (a)). The jury acquitted defendant of possession of a hypodermic needle and was unable to reach a verdict on a count alleging possession of methamphetamine for sale. In a bifurcated proceeding, defendant admitted that he suffered two prior prison terms (Pen. Code, § 667.5, subd. (b)). He contends: (1) the evidence is insufficient to support the verdict on the transportation count, (2) the court erred in instructing the jury pursuant to CALCRIM No. 2300, and (3) the court's admission of his extrajudicial statement violated his Miranda rights. In a supplemental brief, defendant contends that he is entitled to additional presentence credits under recent amendments to Penal Code section 4019. Court remand the matter for a recalculation of defendant's presentence credits and otherwise affirm.
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