P. v. Rangel

Filed 4/25/06 P. v. Rangel 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from the Superior Court of Riverside County. Bernard Schwartz, Judge. Affirmed as modified.

Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Garrett Beaumont, Senior Deputy Attorney General, and Andrew S. Mestman, Deputy Attorney General, for Plaintiff and Respondent.

Martin Rangel appeals his conviction for transporting methamphetamine and resisting arrest. We affirm the conviction but modify his presentence custody credits.

PROCEDURAL HISTORY

Defendant Martin Rangel (defendant) was charged with one count of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)), with an allegation that he had suffered a prior conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c). He was also charged with one misdemeanor count of resisting, delaying and obstructing a peace officer, in violation of Penal Code section 148, subdivision (a). The information alleged that defendant had suffered one prior strike conviction (Pen. Code, §§ 667, subds. (c) & (e), 668, 1170.12, subd. (c)(2)), and had served two prior prison terms (Pen. Code, § 667.5, subd. (b)).

A jury found defendant guilty on both counts. In a bifurcated proceeding, the court found all special allegations true. The court sentenced defendant to 10 years in state prison. Defendant filed a timely notice of appeal.

FACTS

At 3:02 a.m. on November 19, 2003, Riverside Police Officers Camp and Turner observed a maroon Buick apparently driving in excess of the speed limit in the opposite direction. Officer Turner, who was driving, made a U-turn with the intention of pacing the Buick to determine more accurately whether it was exceeding the speed limit. The Buick turned onto a side street and stopped abruptly in the middle of the street. Defendant jumped out of the passenger door and began to run. He dropped an object which was later determined to be a sheathed knife.

Officer Camp pursued defendant and ultimately located him hiding beneath a parked car. Officer Camp ordered defendant to come out, and he complied. Officer Camp observed several white pills on the ground under the car. He asked defendant what they were, and defendant replied that they were mints, a fact Officer Camp apparently confirmed.^[1] Defendant consented to a search of his pockets. Officer Camp found two bindles of white crystalline powder in the coin pocket of defendant's pants. The contents were determined to be methamphetamine. The bindles weighed .17 grams and .13 grams, respectively, a usable quantity.

DISCUSSION

The Evidence Supports the Conviction for Transporting a Controlled Substance

Defendant contends that the evidence is insufficient to support the conviction for transporting methamphetamine because neither his act of riding in a moving vehicle nor running with methamphetamine in his pocket constitutes transportation â€