P. v. Alvarez
Defendant Jose Jesus Alvarez was charged with one felony, possession of a controlled substance, methamphetamine, in violation of Health and Safety Code section 11377, subdivision (a). He was also charged with two misdemeanors, being under the influence of a controlled substance, methamphetamine (Health & Saf. Code, 11550, subd. (a)), and providing false identification to a peace officer (Pen. Code, 148.9, subd. (a)).[1] The information also alleged a prior strike conviction ( 667, subds. (b)-(i), 1170.12). A jury found defendant guilty of all charges, the court found the enhancement true, and he was sentenced to 32 months in prison.
On appeal, defendant asserts that there was insufficient evidence to support the methamphetamine possession conviction because the amount of the controlled substance that he was alleged to have possessed was not a usable quantity. He argues further that the trial court coerced the conviction by failing to comply with the jurys requests for a readback of testimony and by failing to give an adequate response to the jurys inquiry regarding the definition of usable, in the context of the drug possession charge. Court conclude that there was sufficient evidence to support the methamphetamine possession conviction. Court also reject defendants jury coercion claim. Accordingly, Court affirm the judgment.
Comments on P. v. Alvarez