P. v. Barnes

 

 

 

 

 

Filed 1/29/07  P. v. Barnes CA2/2

 

 

 

 

NOT
TO BE PUBLISHED IN THE OFFICIAL REPORTS

 

California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b).  This opinion has not been certified for
publication or ordered published for purposes of rule 977.

 

 

IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 

SECOND
APPELLATE DISTRICT

 

DIVISION
TWO

 

 

THE PEOPLE,               Plaintiff and Respondent,               v.   CLAUD BARNES,               Defendant and Appellant.

B188573         (Los Angeles County       Super. Ct. No. MA030785)

 

 

 

 

            APPEAL from a judgment of the Superior Court of Los Angeles
County.  John Murphy, Commissioner.  Affirmed.

 

            Phillip I. Bronson, under appointment by the
Court of Appeal, for Defendant and Appellant.

 

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief
Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General,
Jaimie L. Fuster and Chung L. Mar, Deputy Attorneys General, for Plaintiff
and Respondent.

______________

            A jury convicted appellant Claud Barnes of possession of a controlled
substance (cocaine) in violation of Health and Safety Code section 11350,
subdivision (a).  The trial court suspended imposition of sentence and placed
appellant on formal probation for 36 months.

            Appellant appeals
on the grounds that:  (1) the trial court prejudicially erred in admitting appellant's
incriminating statement that was provoked by the arresting deputy's conduct in
violation of appellant's Miranda rights,[1] and (2) the trial
court prejudicially erred by allowing appellant to be impeached with a
misdemeanor conviction for receipt of stolen property, since this crime did not
involve moral turpitude.

FACTS

I.  Prosecution
Evidence

            Deputy Jeffrey Knittle of the Los Angeles County
Sheriff's Department was working patrol on December 31, 2004, with his
field supervisor, Sergeant Sylvies.  At approximately 5:00 p.m., the
deputies' car approached appellant, who was standing on or near the curb in the
1300 block of West Avenue J-3 in Lancaster.  Deputy Knittle saw appellant look at the deputies
and then drop something from his left hand to the ground.  The deputies stopped
the car and Sergeant Sylvies picked up the item, which Deputy Knittle
recognized as a glass pipe of the type that is used with rock cocaine.  The
pipe appeared to have cocaine residue on it.  Deputy Knittle searched appellant
and found two rock-shaped objects that he recognized as cocaine base in appellant's
left front jacket pocket.  When Deputy Knittle removed the cocaine base from
appellant's pocket, appellant â€