People v. Tor CA4/3

Filed 6/18/14 P. v. Tor CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048601

v. (Super. Ct. No. 12NF0314)

JERRY TOR, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Terri K. Flynn-Peister, Judge. Affirmed. Melanie K. Dorian, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, A. Natasha Cortina and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted defendant Jerry Tor of possession of methamphetamine for sale (Health & Saf. Code, § 11378 (section 11378)), and then he admitted a prior possession of methamphetamine for sale conviction (Health & Saf. Code, § 11370.2, subd. (c)) and a prior serious felony conviction (Pen. Code, §§ 667, subds. (d), (e)(1), 1170.12, subds. (b), (c)(1)). The trial court sentenced defendant to seven years in prison. On appeal, defendant contends the trial court abused its discretion by admitting evidence of his prior possession for sale conviction. We disagree. FACTUAL AND PROCEDURAL BACKGROUND 1. Charged Possession for Sale Offense One afternoon in January 2012, Fullerton Police Detective Kenneth Edgar saw codefendant David Casey leave his house in Fullerton and cross the street. Casey was on parole for possession of methamphetamine for sale. Detective Edgar searched Casey and found his cell phone. Detective Edgar told Casey he was going to conduct a parole search of his house, and Casey said his friend Jerry would be in the living room. Fullerton Police Sergeant Bradley approached the house and knocked on the door. Defendant came to the window next to the door. As a ruse to get defendant to open the door, Sergeant Bradley held up a pair of prescription glasses and asked defendant whether they belonged to him. Defendant said no and did not open the door. Sergeant Bradley then identified himself and defendant opened the door. When defendant opened the door, Detective Edgar was standing next to Sergeant Bradley within two to three feet of the threshold and had a clear view. Defendant’s right arm was behind the door, and Detective Edgar could only see part of his shoulder and upper torso. As the door was opening, Detective Edgar saw defendant make a “lateral movement to the right,” consistent with throwing something.