People v. Rios

Opinion by

Judge VOGT.

Defendant, Roy Robert Rios, appeals the judgment of conviction entered on a jury verdict finding him guilty of possession of a schedule IV controlled substance (diazepam) and finding that he was a special offender based on his possession of a firearm during the commission of the offense. Defendant also challenges the sentence imposed. We affirm the judgment, vacate the sentence, and remand the case for correction of the mittimus.

Defendant was stopped by police officers investigating a report that two men had left a taxi without paying the fare. When the police discovered…