P. v. Phillips
Filed 7/5/06 P. v. Phillips 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. JOHN RICHARD PHILLIPS, Defendant and Appellant. |
F047955
(Super. Ct. No. KF002617A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Sidney Chapin, Judge.
Oliver J. Northup, Jr., under appointment 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, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted appellant, John Richard Phillips, of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). On March 7, 2005, the court suspended imposition of sentence and placed Phillips on probation for three years. On appeal, Phillips contends the court abused its discretion when it denied his Pitchess[1] motion. We will affirm.
FACTS
On May 30, 2003, Kern County Sheriff's Deputies Justin Fleeman, James Newell and other deputies served a search warrant at Phillips's home in the Lake Isabella area. After driving by the house and not finding him there, Deputies Fleeman and Newell located Phillips a few blocks away and detained him. A search of Phillips's house uncovered a lip balm container containing 3.4 grams of methamphetamine, a plastic baggie containing 2.7 grams of methamphetamine, and a plastic baggie containing .19 grams of methamphetamine.
After he was arrested, Phillips was taken to a sheriff's substation where Deputy Newell examined him and found him to be under the influence of a stimulant. A urine test disclosed that Phillips had high levels of methamphetamine and amphetamines in his system.
Phillips's neighbor testified for the defense that he saw a man named Darren enter Phillips's house and stay there for 20 minutes, leaving 15 minutes before the deputies arrived.
The Pitchess Motion
On March 24, 2004, Phillips filed a Pitchess motion seeking discovery of the records of complaints against Deputies Newell and Fleeman for acts involving â€
