P. v. Garcia
A jury convicted Jose Daniel Garcia of transporting a controlled substance, heroin (Health & Saf. Code, § 11352, subd. (a)), possession of a firearm by a convicted felon (Pen. Code, § 12021, subd. (a)(1); all further undesignated statutory references are to this code), armed possession of a controlled substance (Health & Saf. Code, § 11370.1), and active participation in a criminal street gang (§ 186.22, subd. (a)). The jury also found Garcia committed the offenses for the benefit of, in association with, or at the direction of a criminal street gang (§ 186.22, subd. (b)). In a bifurcated proceeding after the verdict, Garcia admitted prior conviction allegations including a strike under the “Three Strikes†law (§§ 667, subds. (d), (e)(1); 1170.12, subds. (b), (c)(1)), a prior serious felony (§ 667, subd. (a)(1)), and two prison priors (§ 667.5, subd. (b)). The trial court imposed a 16-year prison term, including a concurrent sentence for active gang participation.
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