People v. Lobato

Opinion

GOMES, J,

Introduction

Defendant and appellant Rudy Ben Lobato appeals from a judgment following a jury trial in which he was convicted of conspiracy to commit certain drug offenses and a weight enhancement allegation was found to be true. In the published portion of the opinion, we reject appellant’s contention that the weight enhancement, which was imposed under Health and Safety Code section 11370.4, subdivision (b)(2), must be vacated because the jury’s verdict form did not expressly include the substantial involvement in the underlying offense element of the allegation. In the…