P. v. Selvin

Filed 7/12/06 P. v. Selvin CA1/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION TWO

Appellants Toledo Perez Selvin[1] and Maria Elena Villamor were convicted, following a jury trial, of possession of a controlled substance for sale, keeping a place to sell a controlled substance, and misdemeanor child endangerment.[2] On appeal, they contend (1) a deputy sheriff's surprise testimony regarding his post-search warrant surveillance of appellants' apartment deprived them of a fair trial under the Sixth and Fourteenth Amendments to the United States Constitution; and (2) there was insufficient evidence of misdemeanor child endangerment under the required standard of criminal negligence.[3] We shall affirm the judgment.

PROCEDURAL BACKGROUND

Appellants were charged by information with possession of a controlled substance for sale (Health & Saf. Code, § 11378–count one); keeping a place to sell a controlled substance (Health & Saf. Code, § 11366–count two); and abusing or endangering the health of a child (Pen. Code, § 273a, subd. (a)–count three).[4]

On July 16, 2004, following a jury trial, the jury found appellants guilty as charged.

On September 9, 2004, pursuant to appellants' motion for a new trial on count three, the trial court reduced count three to a misdemeanor (§ 273a, subd. (b)). On that same date, the court suspended imposition of sentence and placed appellants on four years of probation, with one year in county jail for appellant Selvin, and 320 days in county jail for appellant Villamor.

Appellants filed timely notices of appeal.

FACTUAL BACKGROUND

Prosecution Case

Mendocino County Sheriff's Deputy Darren Brewster testified as an expert on possession for sale, packaging, and sale of methamphetamine. On approximately March 29, 2004, Deputy Brewster, who was assigned to the major crimes task force, obtained a search warrant for apartment No. 4 in a building on State Street in Ukiah. After obtaining the warrant, he conducted surveillance of apartment No. 4 on at least three occasions, watching for â€