People v. Osbourn CA3

Filed 5/19/14 P. v. Osbourn CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Colusa) ----

THE PEOPLE, C074353

Plaintiff and Respondent, (Super. Ct. Nos. CR53993, CR54247)

v.

WALTER LEROY OSBOURN III,

Defendant and Appellant.

Stemming from two separate incidents involving the execution of a search warrant and the response of police officers to a domestic violence report, the trial court found defendant Walter Leroy Osbourn III guilty of possession of Vicodin, possession of hydrocodone, attempted burglary, corporal injury to a cohabitant, and several other counts.1 On appeal, defendant argues there was insufficient evidence to prove he

1 The trial court consolidated the two cases resulting from the two incidents into one trial. There was also a third case consolidated into this trial that is not at issue.

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possessed either Vicodin or hydrocodone. Defendant also contends the court should have stayed punishment for the attempted burglary because it “arose in the same course of conduct and with the same objective as” what defendant characterizes as the “assaultive conduct” for which the court had already sentenced him. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND I May Incident (Case No. 53933) The first incident arose out of the execution of a search warrant by a detective in the Colusa County Narcotics Task Force. During the course of the search, Detective Jose Ruiz found Vicodin and hydrocodone located with defendant’s other property. Detective Ruiz served a narcotics-related search warrant at a single-wide, one- bedroom trailer. Defendant and two others were inside the trailer when Detective Ruiz served the search warrant. In the bedroom , Detective Ruiz found methamphetamine on a mirror and in a pen tube, several small baggies, a large black plastic bag, a scale, over $1,300 in cash, concentrated cannabis, a bottle containing Vicodin, and a bottle containing hydrocodone. After discovering these items, Detective Ruiz questioned defendant. Defendant explicitly stated to Detective Ruiz that he owned the methamphetamine and concentrated cannabis found in the bedroom. Defendant did not admit or deny ownership of the Vicodin and hydrocodone; he only admitted he did not have a prescription for either item. In a court trial, the court found him guilty of seven separate counts, including two counts of possession of a controlled substance relating to the Vicodin and hydrocodone. II July Incident (Case No. 54247) The second incident was the culmination of an altercation between defendant and his girlfriend that began earlier in the evening at a casino and continued over the course