P. v. Valenzuela
In case No. BF131733A, appellant, Raul Castro Valenzuela, pled no contest to transportation or sale of cocaine (Health & Saf. Code, § 11352, subd. (a)).[1] On July 26, 2010, the court suspended imposition of sentence and placed Valenzuela on probation for three years on condition that he serve one year in local custody.
In case No. BF135839A, a jury convicted Valenzuela of transportation or sale of cocaine (count 1), possession for sale of cocaine (count 2/§ 11351), possession for sale of methamphetamine (count 4/§ 11378), and driving without a valid driver’s license (count 6/Veh. Code, § 12500, subd. (a)). In a separate proceeding, the court found true a prior conviction enhancement (§ 11370.2, subd. (a)) and revoked Valenzuela’s probation in case No. BF133733A.
On August 9, 2011, the court sentenced Valenzuela in both cases to an aggregate term of nine years eight months as follows: the upper term of five years on count 1; a three-year prior conviction enhancement on that count; a one-year term on count 2 (one third the middle term of three years); an eight-month term on count 4 (one third the middle term of two years); time served on count 6; and a concurrent three-year term on Valenzuela’s conviction for transportation or sale of cocaine in case No. BF131733A.
On appeal, Valenzuela contends: 1) the court erred in admitting a stipulation into evidence; and 2) the prosecutor engaged in prejudicial misconduct during his closing argument. We affirm.
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