P. v. Harrell
Filed 6/23/06 P. v. Harrell 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. MICHAEL HARRELL, Defendant and Appellant. |
C048284
(Super. Ct. No. 03F02555)
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Defendant Michael Harrell was convicted after a jury trial of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of heroin (Health & Saf. Code, § 11350, subd. (a)) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The jury acquitted him of possession of methamphetamine for sale. The jury also found true four prior strike convictions, and found defendant had been convicted of personally inflicting great bodily injury in a 1997 assault with a deadly weapon. The trial court sentenced defendant to 25 years to life for transporting methamphetamine (with a 25-year-to-life sentence for possession of heroin running concurrently and a 25-year-to-life sentence for possession of methamphetamine stayed pursuant to Penal Code section 654). On appeal, defendant contends: (1) the trial court erred in failing to instruct the jury sua sponte on the limited use of gang evidence, or in the alternative, that his trial counsel was ineffective for failing to request such a limiting instruction; (2) the trial court abused its discretion in refusing to dismiss several strikes pursuant to Romero[1]; and (3) his sentence of 25 years to life constitutes cruel and/or unusual punishment in violation of the United States and California Constitutions. We shall affirm.
BACKGROUND
On March 23, 2003, about 10:30 p.m., Sacramento County Sheriff's deputies saw a Chevrolet Blazer circle through and exit a parking lot in Sacramento. Michael Allstead was in the driver's seat and defendant was in the passenger seat. Deputies Beamer and Baugh approached the Blazer in separate marked patrol cars with their lights and sirens on. The Blazer drove away at about 40 miles per hour, traveled a few blocks, and then stopped. Defendant and Allstead got out of the Blazer and fled on foot. The officers each took a police dog from his patrol car and Beamer yelled at defendant and Allstead that the dogs would be sent after them if they did not stop. When neither man stopped, the dogs were released. The dogs caught, bit, and subdued defendant and Allstead.
Deputy Baugh approached defendant, who was lying on his stomach. On the ground about two or three inches from defendant's pants pocket were two baggies, one containing 1.07 grams of heroin and the other containing 27.3 grams of methamphetamine. The officers arrested defendant and took possession of the baggies.
About three feet from the passenger side of the Blazer, law enforcement officers found a foot powder container with a hidden compartment that held three bags containing a total of 60.94 grams of methamphetamine. The Blazer was registered to Allstead. A duffel bag found inside the Blazer contained unused hypodermic needles, plastic baggies, a digital scale, a â€
