P. v. Mendez

 

 

 

Filed 1/29/07   P. v.
Mendez 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NOT TO BE
PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 977.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.   SALVADOR GARCIA MENDEZ,               Defendant and Appellant.

E039922               (Super.Ct.No. RIF123465)               OPINION

 

            APPEAL from the Superior Court of Riverside County. 
Stephen

D. Cunnison, Judge.  Affirmed.

            Corinne S. Shulman,
under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Mary Jo Graves, Chief
Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General,
Gil Gonzalez, Supervising Deputy Attorney General, and Lynne G. McGinnis,
Deputy Attorney General, for Plaintiff and Respondent.

I.  INTRODUCTION

            Defendant
Salvador Garcia Mendez appeals from his conviction of two counts of sale of tar heroin.  He
contends the trial court erred in refusing to instruct the jury that a
copurchaser of contraband is not an aider and abettor of the seller and
refusing to allow defense counsel to argue that theory to the jury.  He further
contends that the trial court abused its discretion in denying the request to
strike one of defendant's two strike priors.  We find no error, and we affirm.

II.  FACTS AND PROCEDURAL BACKGROUND

            On April 27, 2005, Riverside County Sheriff's Detective Mario Dorado and Deputy Juan Anguiano, acting
undercover, encountered defendant and codefendant Daniel Mares in a liquor
store parking lot.  Deputy Anguiano asked defendant if defendant could â€