P. v. Call
Filed 5/1/06 P. v. Call CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Shasta)
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| THE PEOPLE, Plaintiff and Respondent, v. DAVID RAY CALL, JR., Defendant and Appellant. | C048962
(Super. Ct. No. 03F2263)
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A jury convicted defendant David Ray Call, Jr. of cultivation of marijuana (Health & Saf. Code, § 11358), possession of marijuana with the intent to sell (id., § 11359), illegal possession of ammunition (Pen. Code, § 12316, subd. (b)(1))[1] and possession of a hypodermic needle and syringe without a permit (Bus. & Prof. Code, § 4140). Sentenced to an aggregate term of two years eight months[2] in state prison, defendant appeals. He contends that: (1) his statements to the police were improperly obtained in violation of his Miranda[3] rights and should not have been admitted; (2) trial counsel was ineffective; (3) the trial court abused its discretion in failing to strike a prior conviction; and (4) one of his prison terms should have been stayed pursuant to section 654. We reject these claims and shall affirm the judgment.
FACTUAL BACKGROUND
On February 20, 2003, the Shasta County Interagency Narcotics Task Force served a search warrant on defendant's residence. The officers found bags of dried marijuana, a box of shake marijuana, six small marijuana plants, dry marijuana bud, grow lights and a working gram scale. Officers also found a pay/owe sheet, a rolodex with pay/owe notations, and over $1,000 cash. They found 32 bullets in defendant's closet and syringes and needles in his bedroom.
During the search of defendant's residence, Detective Todd Larson placed him in handcuffs and read him his Miranda rights. Defendant indicated that he understood his rights and agreed to speak with Larson. He acknowledged that the marijuana found at his house belonged to him and stated that he possessed about half a pound of packaged marijuana. When Larson asked about the six plants officers found growing in his closet, defendant responded that he â€
