People v. Acosta CA1/3

Filed 9/25/24 P. v. Acosta CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A169260 v. MICHAEL PHILIP ACOSTA, JR., (Humboldt County Super. Ct. No. CR2001060A) Defendant and Appellant.

MEMORANDUM OPINION1 Michael Philip Acosta, Jr. appeals from a judgment entered after he pled guilty — pursuant to a plea bargain — to maintaining a place for selling or using controlled substances and possession of methamphetamine, both misdemeanors. (Health & Saf. Code, §§ 11366, 11377, subd. (a); undesignated statutory references are to this code.) His appointed counsel filed a brief asking this court to review the record to determine whether there are arguable issues. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We have found none and affirm. In 2020, after a search of Acosta, Jr.’s house yielded narcotics, the prosecution charged him with various offenses — maintaining a place for

1 We resolve this case by memorandum opinion. (Cal. Stds. Jud. Admin., § 8.1.)

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selling or using controlled substances (§ 11366, count one); possession for sale of heroin (§ 11351, count two); possession for sale of Alprazolam (§ 11375, subd. (b)(1), count three); possession of methamphetamine (§ 11377, subd. (a), count four); and knowing possession of a controlled substance without a prescription (Bus. & Prof. Code, § 4060, count five). At the preliminary hearing, the magistrate conducted an in camera hearing with the lead investigator outside of Acosta, Jr.’s presence. The prosecutor requested the hearing after Acosta, Jr.’s codefendant — his domestic partner — texted the investigator noting an increase in visitors at their home and handed the investigator a note indicating she wanted to be an informant. Eventually, the court unsealed the transcript of the hearing and ordered disclosure of the handwritten note and text messages. The record does not indicate whether the parties complied with the order. Acosta, Jr. moved to dismiss the information arguing, among other things, his exclusion from the in camera proceeding constituted a structural error, and the investigator fabricated testimony. Acosta, Jr. submitted a declaration by his codefendant, in which she denied sending any text messages or handwritten notes. Acosta, Jr. also sought to recuse the district attorney’s office. According to Acosta, Jr., a county supervisor with financial and regulatory influence over the district attorney’s office originally reported him to police. The county supervisor allegedly prioritized Acosta, Jr.’s arrest and prosecution so as to uproot him from his home in the supervisor’s neighborhood. Both motions were denied. In September 2023, Acosta, Jr. entered a negotiated plea, resulting in the dismissal of all counts aside from counts one and four — maintaining a place for selling or using controlled substances and possession of methamphetamine, both misdemeanors. (§§ 11366, 11377, subd. (a).)