People v. Alexander CA2/2

Filed 5/6/14 P. v. Alexander CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B248082

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA081780) v.

RICKY LANE ALEXANDER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Cynthia Rayvis, Judge. Affirmed.

Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven E. Mercer and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

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In an information filed by the Los Angeles District Attorney, defendant and appellant Ricky Lane Alexander was charged with possession for sale of cocaine base (count I; Health & Saf. Code, § 11351.5) and possession for sale of methamphetamine (count II; Health & Saf. Code, § 11378). As to both counts, it was alleged that appellant had suffered a prior drug-related conviction within the meaning of Health and Safety Code section 11370.2, subdivisions (a) and (c). Appellant pleaded not guilty and denied the special allegation. On January 30, 2013, on the People’s motion, the trial court ordered that the information be amended by interlineations to add count III, a violation of Health and Safety Code section 11350, subdivision (a). Appellant waived his rights to a trial and pleaded no contest to count III. Counts I and II were dismissed in the furtherance of justice. Appellant was placed on formal probation for five years, on the term, inter alia, that he serve 306 days in county jail. He received presentence credit, for a total credit of 153 days of actual custody, plus 153 days of conduct credit for a total credit of 306 days. The trial court ordered him to pay a $240 restitution fine pursuant to Penal Code section 1202.4, subdivision (b), a $40 court security fee pursuant to Penal Code section 1465.8, and a $30 criminal conviction assessment pursuant to Government Code section 70373. The trial court imposed and stayed a $240 parole revocation fine pursuant to Penal Code section 1202.45. Appellant timely filed a notice of appeal, and the trial court granted his request for a certificate of probable cause. FACTUAL BACKGROUND On August 31, 2012, Santa Monica Police Officer Alfonso Lozano searched a residence pursuant to a search warrant. Appellant was in the residence and said that he had been residing in the living room for three months. Between couches in the living room, officers found a single roller skate with a red flashlight inside. The flashlight contained a baggie with 2.96 grams of cocaine base. In a corner of the living room, officers found a black flashlight, which contained three