People v. Smith Et Al.

80 P.3d 662 (2003)

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Nature of the Case

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Facts

Martinez was an undercover narcotics officer. An informant told Martinez that Sherrie Smith (D) was involved in drug trafficking and “ripping off” other drug dealers and that D was very excited about the prospect of robbing a home where the informant had told D that 200 kilograms of cocaine would be found. Martinez met with D. Martinez told D that he wanted to “rip off” a major drug dealer he worked for and that the amount of cocaine involved would be between 30 and 100 kilograms. D assured Martinez that she made her living that way, that she knew exactly what she was doing, and that she always used the same experienced three-person crew. D then informed Martinez of her fee schedule. Over subsequent conversations, Martinez gave D the address of a house and informed her that 85 kilograms of cocaine would be located in a van parked in an adjoining garage. Officers withdrew 85 kilograms of cocaine from the property division of the police department and placed it in the van parked in the garage. The key was left in the ignition. Ds arrived, and D remained in the car, while codefendants Thomas and Gonzalez entered the house and then the garage. As Thomas and Gonzalez began backing the van out of the garage, the police activated a remote-controlled switch that shut off the engine. Ds were then arrested. Ds were convicted of attempting to transport cocaine, and the jury found that the quantity of cocaine involved exceeded 80 kilograms. D and Thomas were also convicted of conspiracy to commit robbery, attempted robbery, grand theft of an automobile, and grand theft of personal property. D received a sentence of 36 years including the 25-year quantity enhancement for attempting to transport more than 80 kilograms of cocaine. The key was left in the ignition. Ds arrived, and D remained in the car, while codefendants Thomas and Gonzalez entered the house and then the garage. As Thomas and Gonzalez began backing the van out of the garage, the police activated a remote-controlled switch that shut off the engine. Ds were then arrested. Thomas was given a prison sentence of 47 years eight months, including the 25-year enhancement and Gonzalez received a sentence of 33 years, including the 25-year enhancement. The Court of Appeal affirmed but modified each defendant’s sentence by reducing the sentence enhancement from 25 years to 15 years. This appeal resulted.