P. v. Greenwood
Filed 6/29/06 P. v. Greenwood 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. LEWIS GREENWOOD, Defendant and Appellant. | B184975 (Los Angeles County Super. Ct. No. PA048263) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Melvin D. Sandvig, Judge. Affirmed.
Leonard Chaitin, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Sharon E. Loughner, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant Lewis Greenwood appeals from a jury verdict finding him guilty of the sale or transportation of a controlled substance in violation of Health and Safety Code section 11352, subdivision (a) in count 1, and possession of cocaine base for sale in violation of Health and Safety Code section 11351.5 in count 2. Defendant admitted a prior conviction allegation. On appeal, defendant contends that the trial court erred in admitting expert testimony. We affirm.
FACTS AND PROCEDURAL HISTORY
On July 9, 2004, Officer Charles Derosier from the Los Angeles Police Department conducted an undercover narcotics buy in the Hansen Dam Park area. Near the park, Officer Derosier asked a woman if she knew of anyone selling drugs. He told her he wanted to buy $20 worth of cocaine and handed her a prerecorded $20 bill. The woman gave another man the cash. That man approached defendant and transferred the cash to him. Defendant reached into his rear waistband and removed a baggie containing two rocks of cocaine. He gave it to the man, who returned to the woman and passed it on to her. She in turn passed it on to Officer Derosier.
Thereafter, defendant was arrested at the park and searched. Officers recovered a large amount of money, including the prerecorded $20 bill. During a second search at the police station, a plastic baggie containing 1.29 grams of rock cocaine dropped from defendant's buttocks.
At trial, Officer Derosier testified as an expert regarding possession of cocaine for sale. The prosecutor posed a hypothetical question to Officer Derosier, asking his opinion as to why a person would secrete 1.29 grams net of cocaine base in his buttocks. Officer Derosier testified that such a person possessed the cocaine for sale â€