P. v. Moreno

Filed 4/17/06 P. v. Moreno 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

Appeal from a judgment of the Superior Court of Orange County, James

P. Marion, Judge. Affirmed as modified.

James R. McGrath, 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, Scott C. Taylor and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent.

Jorge Moreno challenges the sufficiency of the evidence to support his conviction for transporting methamphetamine and the imposition of a three-year sentence enhancement based upon a prior conviction. We find there is substantial evidence to support his conviction. We also uphold the enhancement even though the record contains some clerical errors with respect to how it was charged in the information and pronounced at sentencing. We therefore modify the judgment to reflect the applicable enhancement provision and, as modified, affirm the judgment in its entirety.

* * *

One afternoon, the Westminster police were trying to find a 1993 Honda they suspected had been used in a drug deal. Detective Nicholas Tran drove through a McDonald's parking lot in an unmarked vehicle and did not see the Honda. But a minute later he reentered the lot and saw the car parked some distance from any other vehicles. A man was sitting in the driver's seat, but Tran could not identify him.

After notifying his fellow officers of the Honda's location, Tran left the

parking lot, looped around, and reentered it. This time the car was empty and Moreno was leaning against the driver's side door. Tran could not tell if Moreno was the man he had seen behind the wheel of the car, but no one else was near the car. Tran exited the lot without contacting Moreno and radioed for backup.

Detective Ron Garwood soon arrived and saw Moreno sitting on a wall, two parking spaces away from the Honda. He contacted Moreno and asked if he was carrying any drugs. Moreno said he was and also indicated he owned the Honda. Garwood searched him and found a baggie of methamphetamine and over $400. He then searched the Honda and found two more baggies of the drug near the driver's seat.

I

Moreno contends there is insufficient evidence to support his conviction for transporting methamphetamine. We disagree.

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