P. v. Williams

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from a judgment of the Superior Court of Kern County. Jon Stuebbe, Judge.

Danalynn Pritz, 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, and Louis M. Vasquez and Leslie W. Westmoreland, Deputy Attorneys General, for Plaintiff and Respondent.

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*Before Vartabedian, A.P.J., Harris, J., and Gomes, J.

A jury convicted appellant, Anthony Lamont Williams, of possession of cocaine base for sale (Health & Saf. Code, § 11351.5). In a separate proceeding, the court found true three prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On October 26, 2004, the court sentenced Williams to an aggregate term of eight years; the aggravated term of five years on the substantive offense and three one-year prior prison term enhancements. On appeal, Williams contends the court erred: 1) when it responded to the jury's request for a readback of testimony; and 2) in imposing the aggravated term. We will affirm.

FACTS

The Trial

Bakersfield Police Narcotics Detective Augustine Ronquillo testified that on

June 8, 2004, he assisted several other detectives in executing a search warrant at the house Williams shared with Misty Morales. During a search of the master bedroom, Ronquillo found a total of 19 grams of cocaine base in the top drawer of a nightstand and inside a boot. He also found marijuana debris on a shoebox lid on the bed and a box of pleated baggies on the nightstand. Inside the nightstand, Ronquillo found a ceramic plate containing cocaine residue and a razor, and four $100 bills. When told that he and Morales were both going to be arrested, Williams admitted that the drugs and drug paraphernalia all belonged to him.

Detective Ronquillo further testified that during the week and a half preceding the search, Ronquillo saw Williams go to the Star-Liter Motel. There he saw a hand-to-hand exchange between Williams and another adult male who Ronquillo recognized as a drug runner. Williams then went into a motel room and the other male directed people to the room. The other male also conducted three hand-to-hand transactions and he re-contacted some people as they left William's room.

Detective Thatcher testified as an expert that the cocaine base was possessed for sale. He based his opinion the items seized from Williams's house, Williams's conduct at the motel, and the amount of cocaine base seized from Williams, which had a street value of approximately $1,900.

Williams testified that Morales lived at the house where the search was conducted and that he stayed with her frequently. According to Williams, he possessed the cocaine base found at Morales house for personal use. He admitted that he went to the Star-Liter Motel in June but he claimed he did so to buy drugs. He also admitted engaging in a hand-to-hand transaction and he claimed that he only smoked with others in his motel room.

Jury Deliberations

On August 18, 2005, after the jurors had been instructed and were out of the court room, the court told the parties:

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