P. v. Condon
On February 18, 2011,[1] appellant, Julie A. Condon, was charged in a criminal complaint with possession for sale of heroin (Health & Saf. Code, § 11351, count I),[2] possession for sale of methamphetamine (§ 11378, count II), possession for sale of hydrocodone, morphine, and codeine (§ 11351, count III), possession for sale of diazepam (§ 11375, subd. (b)(1), count IV), transportation of heroin (§ 11352, subd. (a), count V), and transportation of methamphetamine (§ 11379, subd. (a), count VI). There was a special allegation on count I that Condon possessed 14.25 grams or more of heroin within the meaning of Penal Code section 1203.07, subdivision (a)(1). The information also alleged three prior drug conviction enhancements pursuant to section 11370.2, subdivisions (a) and (c).
On May 5th, at the conclusion of a jury trial, Condon was found guilty of possession of heroin for sale (count I), transportation of heroin (count V), and transportation of methamphetamine (count VI). The jury found true the allegation in count I that Condon possessed 14.25 grams or more of heroin. Condon was found guilty of the lesser included offenses of possession of methamphetamine (count II), possession of hydrocodone, morphine, and codeine (count III), and possession of diazepam (count IV). In a bifurcated proceeding, Condon waived her constitutional rights and admitted the allegations that she had three prior convictions for drug offenses.
On June 29th the trial court sentenced Condon to the upper term of five years on count V, to a consecutive term of eight months on count III, and to a consecutive term of one year on count VI. The court stayed Condon’s sentence on counts I and II pursuant to Penal Code section 654.[3] The court enhanced Condon’s sentence by nine consecutive years, comprised of three 3-year enhancements imposed pursuant to section 11370.2. Condon’s total prison term is 15 years 8 months. The court imposed a restitution fine of $3,200. The court granted 147 days of actual custody credits and 147 days of conduct credits for total custody credits of 294 days. Condon’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende).
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