P. v. Hernandez
Filed 6/26/06 P. v. Hernandez CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JOEL HERNANDEZ, Defendant and Appellant. |
F047462
(Super. Ct. No. BF107888A)
OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge.
Gayathri Murthy and Rex A. Williams, under appointments by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Raymond L. Brosterhous II and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted defendant Joel Hernandez of felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 1) and misdemeanor possession of narcotics paraphernalia (Health & Saf. Code, § 11364; count 2). Defendant also pled guilty to misdemeanor driving without a valid driver's license. (Veh. Code,
§ 12500, subd. (a)). The court sentenced defendant to a total prison term of two years. On appeal, defendant contends (1) the evidence is insufficient to support the jury's verdict, and (2) his concurrent term on count 2 must be stayed under Penal Code section 654 (section 654). We affirm.
FACTS
On October 2, 2004, around 9:00 p.m., Bakersfield Police Officer Fred Torres was on patrol duty with his partner, Officer Richard Dossey, when he observed defendant driving and playing â€
