People v. Espinoza

232 Cal. Rptr. 3d 646, 23 Cal. App. 5th 317
California Court of Appeal, 5th District·Decided May 14, 2018·No. 2d Crim. No. B283895·Published·Cited by 6 cases

Opinion

YEGAN, J.

*319Here we hold that Ident-A-Drug, an internet drug reference work, comes within the published compilation exception to the hearsay rule set forth in Evidence Code section 1340.

*648Jose Antonio Espinoza appeals his conviction by jury of possession of a controlled substance (methadone and clonazepam pills) in a jail facility ( Pen. Code, § 4573.6, subd. (a) )1 and two counts of resisting, obstructing or delaying a peace officer (§ 148, subd. (a))(1)). He admitted four prior prison term enhancements (§ 667.5, subd. (b)) and was sentenced to four years felony jail with mandatory supervision. (§ 1170, subd. (h)(5)(B).) Appellant unsuccessfully contends that Sanchez error ( People v. Sanchez (2016) 63 Cal.4th 665, 204 Cal.Rptr.3d 102, 374 P.3d 320 ( Sanchez )) occurred when a criminalist testified that "Ident-A-Drug," an internet drug reference work, was used to presumptively identify the pills as controlled substances. We modify the judgment to reflect that three prior prison term enhancements were stricken at the sentencing hearing (§ 1385) and affirm the judgment as modified. (§ 1260.)

Facts and Procedural History

On October 21, 2015, appellant entered the Ventura County jail as an inmate. Appellant asked an inmate for a latex glove, adjusted his crotch area, and put his hands down his pants. Ventura County Sheriff's Deputy Daniel James suspected that appellant was smuggling drugs into the jail.

Deputy James, Deputy Martin Nunes, and two other deputies escorted appellant to the shower area to conduct a visual search for drugs. Appellant was asked to disrobe, bend over, spread his butt cheeks, and cough. Appellant did not fully comply and was told to "quit messing around." Deputy James saw a film canister near appellant's rectum. He ordered appellant to hand it over.

*320Appellant opened the canister and tried to swallow an assortment of pills. Deputy James grabbed appellant's right hand and pushed him against a wall. Deputy Nunes spun appellant around and grabbed his chin to prevent appellant from swallowing the pills. Appellant clenched and raised his hands to fight. Deputy James punched appellant to gain "compliance." Appellant struggled with the deputies, causing injury to Deputy Nunes. Appellant was ordered to stop resisting but instead, kicked at the pills trying to scatter or crush them.

A total of 80 pills were collected and photographed. Using the "Drugs Identification Bible and Drugs.com" as a reference source, Deputy James determined that the pills were methadone and two types of clonazepam.

Regina Davidson, a criminalist at the Ventura County Sheriff's Forensic Services Bureau, examined the pills and used Ident-A-Drug, an internet drug reference work, to identify the pills. Based on the shape, color, and pill markings, Davidson opined that the pills were methadone and clonazepam.

Appellant offered no testimony to refute the evidence against him.

Sanchez

Appellant argues that Davidson's expert opinion testimony was testimonial hearsay and inadmissible under Sanchez. But he only objected on lack of foundation. He thus forfeited the hearsay/Sanchez objection. (See, e.g., People v. Perez (2017) 16 Cal.App.5th 636, 645-646, 224 Cal.Rptr.3d 518 [ Sanchez error forfeited]; People v. Redd (2010) 48 Cal.4th 691, 730, 108 Cal.Rptr.3d 192, 229 P.3d 101 [confrontation clause error forfeited].)

On the merits, there was no error. In Sanchez , supra , 63 Cal.4th 665, 204 Cal.Rptr.3d 102, 374 P.3d 320, our Supreme Court held that an expert is precluded *649from relating case-specific facts about which the expert has no independent knowledge. ( Id. at p. 676, 204 Cal.Rptr.3d 102, 374 P.3d 320.) The Sanchez court stated: "[An] expert may still rely on hearsay in forming an opinion, and may tell the jury in general terms that he did so. ... There is a distinction to be made between allowing an expert to describe the type or source of the matter relied upon as opposed to presenting, as fact, case-specific hearsay that does not otherwise fall under a statutory exception. ¶] What an expert cannot do is relate as true case-specific facts asserted in hearsay statements, unless they are independently proven by competent evidence or are covered by a hearsay exception." ( Id . at pp. 685-686, 204 Cal.Rptr.3d 102, 374 P.3d 320.)

Relying on People v. Stamps (2016) 3 Cal.App.5th 988, 207 Cal.Rptr.3d 828 ( Stamps ), appellant argues that Davidson's testimony about Ident-A-Drug is testimonial hearsay. In Stamps, the criminalist used Ident-A-Drug to *321identify pills found on defendant but did not explain the website or say that any special expertise was required to use it. (

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Espinoza, 232 Cal. Rptr. 3d 646, 23 Cal. App. 5th 317 (Cal. Ct. App. 2018).

232 Cal. Rptr. 3d 646 (People v. Espinoza) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Soleimani Dental Corp. v. Baratian CA2/8
California Court of Appeal, 2026
People v. Stamps CA2/7
California Court of Appeal, 2025
Yaffee v. Skeen
California Court of Appeal, 2024
People v. Jenkins
California Court of Appeal, 2021
People v. Veamatahau
459 P.3d 10 (California Supreme Court, 2020)