P. v. Williams

Filed 3/6/06 P. v. Williams CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Robert D. Macomber, Judge. (Retired judge of the Riverside Superior Court, assigned by the Chief Justice pursuant to art. VI, § 6, of the Cal. Const.) Affirmed.

Betty A. Haight, 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, Senior Assistant Attorney General, Meagan J. Beale, Supervising Deputy Attorney General, and Lise Jacobson and Robert M. Foster, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Chresean Williams of (1) transportation of methamphetamine, in violation of Health and Safety Code^[1] section 11379; (2) transportation of cocaine base, in violation of section 11352; (3) possession of methamphetamine for sale, in violation of section 11378; and (4) possession of cocaine base, in violation of section 11350.

Having been sentenced to five years in prison, defendant appeals. On appeal, he argues that (1) the trial court erred in denying his Wheeler motion during jury selection; (2) the trial court erred in failing to grant his motion to suppress evidence under Penal Code section 1538.5; and (3) the evidence is insufficient to support his conviction of possession of methamphetamine for sale. Finding no merit in any of these contentions, we affirm.

FACTS

Officer Macias of the Beaumont Police Department testified that he was on routine patrol on April 9, 2004, at 9:45 p.m. While traveling south on Beaumont Avenue, he saw a car turn left on 7th Street and then make a U-turn. The officer made his own U-turn, turned onto 7th Street and pulled up behind the car. Defendant was driving the car, but he did not have a driver's license. Officer Macias then arrested defendant for driving without a license. The officer then searched the car and found a baggie next to the driver's seat which appeared to contain a controlled substance. Defendant was then arrested for that additional offense.

Defendant was taken to the Beaumont Police Department for booking. As defendant was leaving the booking room, the officer noticed an additional baggie on the floor where defendant had been standing. The contents of both baggies tested presumptively positive for methamphetamine.

Defendant was then transported to a county jail facility. Another baggie fell out as defendant was standing at a desk at the jail. As Officer Macias retrieved the baggie, defendant's shorts fell down to his ankles and the officer could see two more baggies hanging from his briefs. One appeared to contain marijuana, and the other appeared to contain cocaine. Subsequent tests confirmed the officer's suspicions. The first baggie tested presumptively positive for methamphetamine.

The Jury Selection Issue

Defendant is African-American. The jury, as finally constituted, had one Black juror. During jury selection, the defense made two Wheeler motions. (People v. Wheeler (1978) 22 Cal.3d 258.) The first motion was made after the prosecutor peremptorily challenged Mr. J. The defense argued that Mr. J. was of the same race as defendant but the court found that Mr. J. was â€