People v. Rushing

Opinion

TODD, J.

Evan Jerome Rushing appeals his conviction for possession of cocaine, contending there was insufficient evidence on which a reasonable jury could base its verdict. We disagree and accordingly affirm the judgment.

Factual and Procedural Background

San Diego Sheriff’s deputies arrested Rushing in March 1987 during their search of a two-bedroom apartment in Spring Valley pursuant to a valid search warrant. Four persons, including Rushing, were in the apartment at the time of the search.

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The officers found 15.8 grams of rock cocaine hidden in the false bottom of a WD-40 can located on a stereo speaker next to the bed in the northeast bedroom of the apartment. Also found in this bedroom, in the top drawer of a desk, were court documents with Rushing’s name and signature on them.

At the time of the search, Rushing was sleeping in the southwest bedroom. The officers found another court document containing Rushing’s name and signature in this room on top of a dresser together with three sheets of paper folded together. The officers present believed these papers were a ledger for recording narcotics sales. Their opinion was based on the columns of names and numbers, interpreted to be measurements and dollar amounts, contained on one of the sheets. The name “Evan” appeared on this ledger with an entry next to it corresponding to the amount of cocaine found in the WD-40 can. The officers seized these documents as evidence of Rushing’s dominion and control of the cocaine discovered in the northeast bedroom.

A two-count information was filed against Rushing, charging him with possession of cocaine for sale (Health & Saf. Code, § 11351) and possession of cocaine (Health & Saf. Code, § 11350, subd. (a)).

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At trial, Deputy Sheriff Alfred Guerin testified regarding the search and subsequent seizure of the cocaine, the court documents and the narcotics ledger. Based on his experience and training as a narcotics officer, Deputy Guerin testified that in his opinion the sheets of paper represented a narcotics transaction ledger. He also said several other documents containing the names of other persons, some of whom were present in the apartment and arrested along with Rushing, were also seized at the time of the search.