P. v. Cooper

Filed 3/3/06 P. v. Cooper CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION ONE

Defendant was convicted following a jury trial of possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of marijuana for sale (Health & Saf. Code, § 11359). The trial court found that alleged enhancements for a previous felony conviction of a violation of Health and Safety Code section 11378, and prior prison terms served, were true (Health & Saf. Code, § 11370.2, subd. (a); Pen. Code, § 667.5, subd. (b)). The court imposed an aggregate state prison sentence of seven years. In this appeal, defendant challenges the trial court's admission of his prior convictions for purposes of impeachment, argues that the calculation of presentence credits was erroneous, and complains that the abstract of judgment does not accurately reflect the concurrent sentence imposed by the trial court on Count 2. We conclude that defendant is not entitled to review of the admission of the impeachment evidence, and he has not demonstrated error in the trial court's calculation of sentence credits, although we modify the abstract of judgment to correct a clerical error in the sentence on Count 2.

STATEMENT OF FACTS

At 6:00 on the evening of July 15, 2003, Petaluma police officers executed a search warrant at the residence at 416 Coronado Drive in Petaluma. Present at the residence when the officers arrived to conduct the search were defendant and his girlfriend Holly Gisler.

Marijuana in the amount of 211.5 grams was found in a storage closet on the west wall of the garage. Two plastic baggies of methamphetamine with a total package weight of 180.3 grams were also seized: one from inside a refrigerator in the bedroom, another from the pocket of a sweatshirt hanging in the garage.[1] Items associated with drug sales were also discovered in the residence: a digital scale, a radio scanner, a bullet-proof vest with a trauma plate, currency in the amount of $1,230 in Gisler's knee brace located in the kitchen, and in the amount of $1,010 in a green plastic box recovered from a stereo cabinet in the bedroom. Mail addressed to defendant at 416 Coronado Drive in Petaluma was also found in the residence.

After defendant was arrested and handcuffed, he was questioned by Detective Martin Frye of the Petaluma Police Department while seated in a patrol vehicle parked in front of the residence. Defendant admitted to Detective Frye that the methamphetamine â€