People v. Perkins CA2/3

Filed 1/16/14 P. v. Perkins CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B250705

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA409287) v.

MICHAEL ANTHONY PERKINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Charlaine F. Olmedo, Judge. Affirmed.

California Appellate Project, Jonathan B. Steiner and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, Michael Anthony Perkins, appeals from the judgment entered following his plea of guilty to selling, transporting or offering to sell cocaine base (Health & Saf. Code, § 11352, subd. (a)) (count 1) and his admission that, because he had suffered prior convictions within the meaning of Penal Code section 1170, subdivision (h)(3), any sentence imposed for his conviction of count 1 would be served in state prison. The trial court sentenced Perkins to four years in prison. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. Facts.1 In March 2013, Los Angeles Police Officer Edgar Ramos was assigned to the “gang narcotics division buy team.” Ramos had been working “in narcotics” for the previous five years, had conducted over 100 “buy/bust operations for rock cocaine,” had completed a “five-day narcotics school,” had made numerous arrests for the sale of narcotics and had testified as a narcotics expert over 100 times. At approximately 6:55 p.m. on March 21, 2013, Ramos was working in an “undercover capacity” near the intersection of Crenshaw Boulevard and 28th Street. Perkins was standing in front of a liquor store at the southeast corner of the intersection and the officer decided to approach him. Ramos walked up to Perkins and asked Perkins if he knew where Ramos could get “a 20,” or “$20 worth of narcotics.” Perkins asked the officer if he could walk a block and when Ramos told Perkins that he could, Perkins escorted Ramos north on Crenshaw, past Adams to an area near the 10 Freeway. Perkins asked Ramos for the money and Ramos gave to Perkins a prerecorded $20 bill. After taking the $20 bill, Perkins walked down the sidewalk adjacent to the freeway until he reached a man named Farley who was sitting down on the walkway. Perkins “tossed” the United States currency into Farley’s lap and Farley handed to Perkins an object. When Perkins walked back to where Ramos was standing, he told Ramos he had the drugs, but that they had to walk back to the liquor store before he could give them to him. As the two men walked toward the liquor store, they came to an