People v. Melvin CA1/5

Filed 9/29/25 P. v. Melvin CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, Plaintiff and Respondent, A171777 v. DALE MELVIN, (City and County of San Francisco Super. Ct. No. 24008661) Defendant and Appellant.

Defendant Dale Melvin appeals from a judgment of conviction and sentence imposed after a jury found him guilty of possessing methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) His attorney filed a brief seeking our independent review of the appellate record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) to determine whether there is an arguable issue on appeal. We find no arguable issue and affirm. I. FACTS AND PROCEDURAL HISTORY An Information charged Melvin with felony possession of a controlled substance for sale (Health & Saf. Code, § 11378) while he was out on bail in three other cases (Pen. Code, § 12022.1, subd. (b)). The matter proceeded to a jury trial.

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A. Evidence at Trial 1. Prosecution Evidence On the evening of May 10, 2024, San Francisco Police Officer Salas was on patrol with his partner. He observed Melvin riding a bicycle without lights, proceeding against traffic on 17th Street toward Treat Street at approximately 11:32 p.m. Salas reported that Melvin was wearing a 49ers hat and a “red jacket” with a logo on the back. Using his loudspeaker, Salas directed Melvin to stop while flashing the lights on his patrol vehicle but Melvin did not stop. The officers lost sight of him in the area of 18th and Shotwell streets for approximately 10 to 15 minutes. A cashier at the City Smoke Shop in San Francisco saw Melvin riding a bicycle before parking it at the shop around 11:30 p.m. that evening. Melvin was wearing a hooded sweatshirt. He went into the back room of the shop, walked out approximately one minute later without the sweatshirt, and rode away. He later returned on the bicycle and parked it in front of the shop as he entered. After leaving the shop, he looked in all directions and then walked toward Valencia Street. Police officers were contacted about the bicycle that was left at the smoke shop. They arrived at the shop shortly thereafter and took the bicycle. Officer Salas found a 49ers hat and a “red jacket” inside the back room. Inside the jacket, Salas found 8.3 grams of methamphetamine divided among 18 baggies. Meanwhile, San Francisco Police Officer Cubas observed Melvin leave the bicycle at the smoke shop and walk westbound on 18th Street. Cubas contacted Melvin at 19th and San Carlos streets. He was wearing a red shirt, green sweatpants, and white tennis shoes. Officer Salas arrived at 19th and