People v. Meloney

114 Cal. Rptr. 2d 349, 94 Cal. App. 4th 442
CourtCalifornia Court of Appeal
DecidedMarch 13, 2002
DocketA093589
StatusPublished

This text of 114 Cal. Rptr. 2d 349 (People v. Meloney) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Meloney, 114 Cal. Rptr. 2d 349, 94 Cal. App. 4th 442 (Cal. Ct. App. 2002).

Opinion

114 Cal.Rptr.2d 349 (2001)
94 Cal.App.4th 442

The PEOPLE, Plaintiff and Respondent,
v.
Keith Robert MELONEY, Defendant and Appellant.

No. A093589.

Court of Appeal, First District, Division Five.

December 11, 2001.
Review Granted March 13, 2002.

*351 Terence Rayner, James Farragher Campbell, Campbell & Demetrick, for Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Gerald A. Engler, Supervising Deputy Attorney General, Joan Killeen, Deputy Attorney General, for Respondent.

Certified for Partial Publication.[*]

*350 STEVENS, J.

Appellant Keith Robert Meloney was convicted after a jury trial of transportation of methamphetamine and possession of methamphetamine for purposes of sale, as well as the misdemeanor offense of driving on a suspended driver's license. (Health & Saf.Code, §§ 11379, subd. (a), 11378; Veh.Code, § 14601.1, subd. (a).) Appellant contends the trial court abused its discretion in three evidentiary rulings, and should not have lifted a stay of a mandatory two-year sentence enhancement charging that appellant was released on bail in Santa Clara County when he committed the present offenses. We reject these contentions and affirm the judgment.

I. FACTS AND PROCEDURAL HISTORY

On the evening of February 2, 2000, at around 11:15 p.m., appellant was driving the car of his passenger and eventual codefendant, Jason Gadoury, at a high rate of speed near the west end of the Richmond-San Rafael Bridge. Two San Rafael police officers in a marked patrol vehicle, Ray Fernandez and Jean Ahuncain, followed and made a traffic stop of the speeding vehicle. Just before the car came to a stop, Fernandez noticed the driver (appellant) lean over toward his passenger, Gadoury, so that appellant's shoulder was no longer visible to the officer. Upon approaching the vehicle, Fernandez noticed on the right rear floorboard a "torch," i.e., a small propane canister with a tip, commonly used for smoking drugs.

Appellant had no driver's license or other identification in his possession. The officers soon determined that his license had been suspended, and appellant was arrested for driving on a suspended license. He was then searched, and the officers found currency in the amount of $284 and some cigarettes. Around this time another police officer, Wanda Spaletta, arrived at the scene.

Gadoury was questioned, and he told the officers there might be drugs hidden in his sock. As Gadoury was about to be searched, appellant made a statement, not in response to any questioning, to Officer Spaletta: "that kid [meaning Gadoury] is going to get in trouble for something that I did." From Gadoury's sock the officers then retrieved a glass pipe and packages containing what appeared to be a large quantity of methamphetamine. Gadoury told the officers that the drugs were appellant's, and that appellant gave him the drugs to hide just before the car was pulled over for speeding.

An information was filed in which appellant and Gadoury were both charged with various crimes arising from their arrests of February 2, 2000. Each was charged with transportation of methamphetamine, count 1, (Health & Saf.Code, § 11379, subd. (a)), and possession of methamphetamine for sale, count 2 (Health & Saf.Code, § 11378). The information also alleged in count 3 that Gadoury was an accessory after the fact to the crimes of transportation of controlled *352 substances and possession for sale of methamphetamine. (Pen.Code, § 32.)[1] Appellant was additionally charged in count 4 with the misdemeanor offense of driving on a suspended license. (Veh. Code, § 14601.1, subd. (a).)

The information also contained various special allegations relative to appellant Meloney. These included three charged prior convictions pursuant to sections 1203.07, subdivision (a)(11) and Health and Safety Code 11370.2, subdivision (c): a Santa Clara County conviction of Health and Safety Code section 11351 in 1991, and two Health and Safety Code section 11352 convictions in Santa Clara County in year 1986.[2] It was further charged that appellant had committed the present offenses while on bail and awaiting trial on another Santa Clara County charge (Health & Saf. Code, § 11378), and therefore appellant was subject to a two-year on-bail sentence enhancement under section 12022.1.

The matter proceeded to jury trial as to both defendants. It was stipulated that the packages recovered from Gadoury's sock contained methamphetamine. San Rafael Police Sergeant Erik Masterson testified that the methamphetamine recovered from Gadoury's sock was possessed for sale, given its quantity and street value of $2,500. Eldon McComb, employed by the Department of Justice as a latent print analyst, testified that he found no usable latent fingerprints on the baggies containing the drugs, the propane torch, or the glass pipe.

The jury also heard evidence relating to a search on May 26, 1999, at appellant's home in San Jose. Officer Chris Powell of the Sunnyvale Department of Public Safety had executed a search warrant at a condominium-style residence occupied by appellant and three others. At the time the search warrant was executed, appellant was in the den of the residence with another person, and two others were present in other rooms. In the den, under or near appellant's desk were found a quantity of methamphetamine, ledgers or pay/ owe sheets, a scale, baggies, a glass pipe, and other items evidencing the sale and use of methamphetamine. In appellant's bedroom closet was a safe containing plastic bags with a white residue, a scale, and more plastic bags. Powell concluded that the methamphetamine in the residence was possessed for sale. Appellant stipulated that the substances found in his home had been tested and were found to contain a usable amount of methamphetamine, and a urine test provided by appellant at that time tested positive for the presence of methamphetamine. When the present offense proceeded to trial, appellant was on bail awaiting prosecution of the Health and Safety Code section 11378 charge arising from the 1999 search of his San Jose residence.

Appellant was not a witness at trial, but he called his friend Cecilia Goce as a defense witness, who testified that she had paid appellant two hundred dollars in cash for repairing her computer on the evening of February 2,2000.

*353 Gadoury, appellant's codefendant, testified the drugs were appellant's, and that appellant had given them to him to hold just before the car in which Gadoury was a passenger was pulled over by the police. Gadoury was acquitted on all charges.

Appellant was convicted of all of the charged offenses. He waived jury trial as to the special allegations in the information, admitting the prior convictions. Appellant also admitted the section 12022.1 special allegation, which charged that appellant was released on bail at the time of the present offense. A six-year prison sentence was imposed, plus an additional two-year term for the on-bail enhancement under section 12022.1, which the trial court stayed pending the outcome of the Santa Clara County prosecution. After appellant was convicted in Santa Clara County, the Marin County court lifted its stay of the two-year enhancement.

II. DISCUSSION

A.-D.[**]

E. Sentence enhancement

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Bluebook (online)
114 Cal. Rptr. 2d 349, 94 Cal. App. 4th 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-meloney-calctapp-2002.