P. v. Williams
Filed 8/15/06 P. v. Williams CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
| THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY REESE WILLIAMS, Defendant and Appellant. | G036099 (Super. Ct. No. 04NF2094) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard W. Stanford, Jr., Judge. Affirmed.
Thomas Owen, 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, Assistant Attorney General, and Scott C. Taylor, Deputy Attorney General, for Plaintiff and Respondent.
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A jury convicted Timothy Reese Williams of sale or transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and possession of methamphetamine for sale (Health & Saf. Code, § 11378). The court found Williams had suffered a prior conviction for possession or purchase of a controlled substance for sale (Health & Saf. Code, § 11351), making him ineligible for probation (Pen. Code, § 1203.07, subd. (a)(11)). The court sentenced Williams to the lower term of two years in state prison for sale or transportation of methamphetamine, stayed sentence for possession of methamphetamine for sale (Pen. Code, § 654), and struck his prior conviction for purposes of the three-year enhancement under Health and Safety Code section 11370.2, subdivision (c). On appeal Williams contends the court should have excluded statements made by third parties who called Williams's cell phone (which was answered by an officer) and asked to buy drugs. Williams contends the callers' requests for drugs were testimonial statements, violating his confrontation right, and inadmissible hearsay. We disagree and affirm the judgment.
FACTS
On June 9, 2004, officers looking for Eric Gallivan (who had two outstanding warrants) spotted him in a truck driven by Williams. The officers stopped the truck and searched it. Beneath the truck's glove box, Investigator Paul Christy found a black pouch containing a pipe, a scale, a baggie holding three grams of methamphetamine,[1] and two additional clear baggies. In the passenger door compartment Christy found a furry orange address book with â€
