P. v. Coulter
Filed 4/14/06 P. v. Coulter CA2/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. RODNEY LAVELLE COULTER, Defendant and Appellant. | B181706 (Los Angeles County Super. Ct. No. NA061515) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Richard R. Romero, Judge. Affirmed in part and remanded in part with directions.
Jennevee H. de Guzman and Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Marc E. Turchin and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant and appellant, Rodney Lavelle Coulter, appeals from the judgment entered following his conviction, by jury trial, for possession of cocaine base for sale and for selling a controlled substance, with prior drug offense and prior prison term findings (Health & Saf. Code, §§ 11351.5, 11352, 11370.2; Pen. Code, § 667.5[1]). Sentenced to state prison for 11 years, Coulter claims there was trial error. The Attorney General contends there was sentencing error.
The judgment of conviction is affirmed. The matter is remanded to the trial court for resentencing.
BACKGROUND
Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following.
On April 30, 2004,[2] Long Beach police officers executed a search warrant at 507 La Reina Way. Inside the two-bedroom residence, police found two men and one woman. One of the men was defendant Coulter, who was in the bathroom when the police arrived.
Inside the south bedroom, police discovered 16.2 grams of cocaine base, a scale, marijuana, $226 in cash, men's clothing, photographs of Coulter sitting in that bedroom, and a DMV application bearing both Coulter's name and the address of the La Reina Way residence. While the officers were at the residence, a telephone in the south bedroom rang a couple of times. Officer Johnston answered the phone. Each time, the caller asked about buying drugs from â€
