P. v. Graves
Filed 6/30/06 P. v. Graves CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. PHILLIP GRAVES, Defendant and Appellant. | E037818 (Super.Ct.No. SWF006306) O P I N I O N |
APPEAL from the Superior Court of Riverside County. Albert J. Wojcik, Judge. Affirmed.
Martha M. Hall, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Erika Hiramatsu and Raymond M. Diguiseppe, Deputy Attorneys General, for Plaintiff and Respondent.
A jury convicted defendant of unlawful possession of ephedrine with intent to manufacture methamphetamine (count 1; Health & Saf. Code, § 11383, subd. (c))[1] and being under the influence of a controlled substance (count 2; § 11550, subd. (a)). Defendant subsequently admitted, and the court found true, certain enhancement allegations. (§ 11370.2, subd. (b); Pen. Code, § 667.5, subd. (b).) The court sentenced defendant to a total term of 11 years in prison.
Defendant contends: (1) the trial court prejudicially erred in admitting evidence of a prior incident under Evidence Code section 1101, subdivision (b); (2) the evidence is insufficient to support the conviction on count 1; and (3) the court erred in denying his request for personal identifying juror information to support a new trial motion. We reject these contentions and affirm the judgment.
SUMMARY OF FACTS
Arnold Warmuth owned a 1986 Chevrolet Blazer. He loaned it to defendant several times, for up to a week or 10 days at a time. For the three or four days prior to September 8, 2003, defendant had been using the vehicle. On that date, defendant was driving the Blazer in Lake Elsinore when Riverside County Sheriff's Deputies John Morin and Jennifer Cole pulled him over for having expired vehicle registration tags. There were no passengers with defendant.
When Morin asked defendant for his driver's license, he became extremely nervous and began to sweat. He immediately told Morin that the vehicle did not belong to him and that nothing in it belonged to him. Morin asked if defendant used methamphetamine, and defendant responded that he had. He told Morin that he last used methamphetamine about five months ago. Morin took defendant's pulse twice during the encounter, five minutes apart, and each time found it to be elevated, at over 120 beats per minute. Morin also looked at defendant's tongue, tested his pupillary reaction with a flashlight, and checked his eyes for â€
