People v. Kekheya CA6

Filed 5/2/14 P. v. Kekheya CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039078 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1109875)

v.

ABDUL HASEEB KEKHEYA,

Defendant and Appellant.

Defendant Abdul Haseeb Kekheya was charged with possession of marijuana for sale (Health & Saf. Code, § 11359 – count one), transportation of marijuana (Health & Saf. Code, § 11360, subd. (a) – count two), and possession of concentrated cannabis (Health & Saf. Code, § 11357, subd. (a) – count three). The jury found defendant guilty of count two and acquitted him of count three. It was unable to reach a verdict on count one, and this count was later dismissed. The trial court suspended imposition of sentence and placed defendant on probation for three years on condition that he serve eight months in jail.1 On appeal, defendant contends that the trial court erred by ordering him to pay $1,000 in attorney’s fees, a presentence investigation fee, and a probation supervision fee. For the reasons stated below, we affirm.

1 The trial court also stated that defendant would be eligible for the RCP (Regimented Corrections Program) and indicated that he would be released from custody after two months.

I. Statement of Facts On June 9, 2011, Officer Greg Borromeo, who testified as an expert in the recognition of marijuana sales, initiated a traffic stop after observing a vehicle exceeding the speed limit. As he approached the driver’s side window, Officer Borromeo detected the odor of marijuana. Upon contacting the driver, who was defendant, Officer Borromeo asked him if there was marijuana in the vehicle. Defendant replied that there was not, but he showed him a glass marijuana pipe from the dashboard. Officer Borromeo searched the vehicle and found a duffel bag containing four sandwich bags of marijuana, a larger bag of marijuana, a small plastic bag of concentrated cannabis, and a digital scale. After Officer Borromeo searched defendant, he recovered $405 and a medical marijuana card from his wallet. He also found text messages on defendant’s cell phone which suggested negotiations involving the sale of marijuana. Jack Rousseau, a criminalist, testified that he examined the suspected contraband and found 74.55 grams of concentrated cannabis. On May 27, 2011, Officer John Ward contacted defendant to investigate a robbery. Defendant told him that he had placed an ad on Craig’s List to sell or trade medical marijuana. After receiving a text from someone who wanted to buy a quarter pound of marijuana for $600, defendant took 5 grams of marijuana to meet the potential buyer. After defendant asked this individual if he had a medical marijuana card, a second individual entered the room and defendant was robbed at gunpoint. Defendant testified on his own behalf. He was a college student and had posted an ad on Craig’s List stating that he had excess marijuana that he wanted to “get rid of.” He then described the incident in which he was robbed. Defendant also testified that he had obtained a medical marijuana card after he went to a clinic and told a doctor that he had trouble sleeping, eating, and breathing. Regarding the cash found on his person, defendant explained that it came from his wages and his financial aid and that he was 2