P. v. Sanchez
Filed 4/17/06 P. v. Sanchez CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. EDUVIGEN VICKIE SANCHEZ, Defendant and Appellant. |
F046507
(Super. Ct. No. 1063485)
O P I N I O N |
APPEAL from a judgment of the Superior Court of Stanislaus County. Edward M Lacy, Jr., Judge.
Valerie G. Wass, 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, Kathleen A. McKenna and Kelly C. Fincher, Deputy Attorneys General, for Plaintiff and Respondent.
Appellant Eduvigen Vickie Sanchez was convicted of transporting and possessing methamphetamine for sale and of possessing marijuana. On appeal, she contends (1) the trial court committed constitutional error by excluding the testimony of a defense witness, (2) some of the jurors committed prejudicial misconduct, and (3) the trial court's clarification of CALJIC No. 12.01 was an erroneous modification. We will affirm.
PROCEDURAL SUMMARY
On March 11, 2004, appellant was charged with transporting methamphetamine (Health & Saf. Code, § 11379; count 1), possessing methamphetamine for sale (Health & Saf. Code, § 11378; count 2), and possessing less than 28.5 grams of marijuana (Health & Saf. Code, § 11357, subd. (b); count 3, a misdemeanor). As to counts 1 and 2, the information further alleged appellant suffered a prior felony conviction (Health & Saf. Code, § 11370.2), was ineligible for probation (Pen. Code, § 1203, subd. (e)(4)), and served two prior prison terms (Pen. Code, § 667.5, subd. (b)).
On the second day of trial, the court dismissed a juror and replaced him with an alternate. The court denied appellant's motion for mistrial. Appellant admitted the prior conviction allegations. Later the same day, the jury returned guilty verdicts on all counts. The court sentenced appellant to the middle term of three years on count 1 and stayed the sentence on count 2 (Pen. Code, § 654).
FACTS
On October 14, 2003, at about 9:50 p.m., a police officer observed a blue 1988 GMC Jimmy parked outside a liquor store. As he continued on patrol, he eventually found himself driving behind the same vehicle. He noticed that the rear license plate light was out and he stopped the vehicle. Appellant was in the passenger seat and a man named Holder was driving. The officer asked Holder for his license and Holder said he did not have one, but he presented a parole discharge card. The officer asked him why he was driving and appellant answered that Holder was her mechanic and he was test driving the vehicle, which she had bought three days earlier. The officer told them he did not believe they were test driving the vehicle because he had just seen them at the liquor store. Appellant said they had gone for a test drive and were on their way back to their house. In the vehicle's center console, there was a brown paper bag containing two unopened bottles of Smirnoff Ice, an alcoholic beverage.
Police dispatch advised the officer that Holder's license was suspended. The officer told appellant and Holder that because appellant had a valid license and was claiming the car was hers, he did not want to give Holder a â€
