P. v. Delarios
A jury convicted defendants Kenny Delarios and Lacey Rodriguez of possession for sale of a controlled substance (methamphetamine) in violation of Health and Safety Code section 11378[1] (count 1) and possession of a controlled substance with a firearm in violation of section 11370.1, subdivision (a) (count 3). The jury convicted Delarios of possession of a firearm by a felon with four priors in violation of Penal Code section 12021, subdivision (a)(1) (count 2). The jury found true the allegations that defendants were personally armed with a firearm in the commission or attempted commission of count 1 (Pen. Code, § 12022, subd. (c)). In a bifurcated proceeding, defendant Delarios admitted six prior prison terms within the meaning of Penal Code section 667.5, subdivision (b).
The trial court sentenced Delarios to nine years in state prison. The court exercised its discretion pursuant to Penal Code section 1385 and struck three prior prison term enhancements. (Pen. Code, § 667.5, subd. (b).) In count 1, the trial court imposed the midterm of two years as the base term, enhanced by the midterm of four years pursuant to Penal Code section 12022, subdivision (c) and three years pursuant to Penal Code section 667.5, subdivision (b). The trial court imposed two concurrent two-year terms for the convictions for possession of a firearm by a felon with four priors (count 2) and felony possession of a controlled substance with firearm (count 3).
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