P. v. Esparza
A jury found defendant and appellant Joe John Esparza guilty of multiple counts, including assault with a firearm, second degree robbery, and possession of methamphetamine (counts 14, 15, 18, 29-32, 35, & 37). In a bifurcated trial, the court made true findings as to certain sentence enhancement allegations. Defendant was sentenced to 21 years 4 months in prison.
On appeal, defendant argues there was insufficient evidence to support his conviction of possession of methamphetamine (count 37). He contends there is no evidence to support any of the elements of possession of methamphetamine in that the baggie containing the drug was found on the ground in a parking lot 5 to 10 feet from where defendant and his accomplices were arrested.
He further argues that the minute order as to the sentence on count 29 should be corrected to properly reflect the court’s oral pronouncement of judgment.
The People concede both points. We agree with the parties on both arguments. We reverse the conviction for possession of methamphetamine and vacate the sentence. The convictions on all other counts are affirmed. We will also direct the trial court to make a new minute order to properly reflect the court’s oral pronouncement of judgment as to count 29.
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