People v. Baughman CA2/2

Filed 11/6/13 P. v. Baughman CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B245231

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA122356) v.

CURT MARTIN BAUGHMAN,

Defendant and Appellant.

THE COURT:* Defendant and appellant Curt Martin Baughman (defendant) appeals his judgment of conviction of possession of methamphetamine for sale. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), raising no issues. On July 31, 2013, we notified defendant of his counsel’s brief and gave him leave to file, within 30 days, his own brief or letter stating any grounds or argument he might wish to have considered. Defendant filed a letter on September 11, 2013, setting forth issues to be considered in this appeal. We have reviewed the entire record and have considered the

* BOREN, P. J., CHAVEZ, J., FERNS, J.†

† Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

points made by defendant in his letter brief. Finding no error or other arguable issues, we affirm the judgment. Defendant was charged with possession of methamphetamine for the purpose of sale, in violation of Health and Safety Code section 11378 (count 1), and cultivating marijuana in violation of Health and Safety Code section 11358 (count 4).1 As to count 1, the information further alleged a 1989 conviction of Health and Safety Code section 11379 (selling or transporting a controlled substance). After the preliminary hearing, the trial court denied defendant’s motion to dismiss the charges pursuant to Penal Code section 995. A jury convicted defendant of count 1 as charged and acquitted him of count 4. Defendant waived a jury trial on the prior conviction allegation and after a bench trial it was found to be true. On November 14, 2012, the trial court struck the prior conviction pursuant to Penal Code section 1385 and sentenced defendant to the upper term of three years in prison, to be served in the county jail. The court awarded 30 days of custody credit, later corrected to 36 days, comprised of 18 actual days and 18 days of conduct credit, and ordered defendant to pay mandatory fines and fees. Defendant filed a timely notice of appeal. The evidence at trial showed that while searching defendant’s home pursuant to a search warrant, Long Beach police officers found a bag on defendant’s person, containing methamphetamine and approximately $427 in cash. After defendant was advised of his Miranda rights,2 he led officers to additional methamphetamine and told them he intended to sell it to close friends. Officers also found a digital scale with white residue on it, a plastic pill bottle and three plastic bags containing marijuana, as well as new identical plastic bags. In the garage, officers found a large, budding marijuana plant. The prosecution’s narcotics sales expert, Detective Luis Rodriguez, testified that in his opinion both the methamphetamine and the marijuana were possessed for the purpose of