People v. Long CA3

Filed 7/25/14 P. v. Long CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C073798

Plaintiff and Respondent, (Super. Ct. No. CRF105981)

v.

JAMES FREDRICK LONG,

Defendant and Appellant.

Defendant was pulled over in a car he was driving. There was marijuana and a pipe with methamphetamine in the car, and defendant failed three field sobriety tests. A jury found him guilty of transporting methamphetamine, possessing methamphetamine, possessing paraphernalia (an opium pipe), and driving under the influence of alcohol or drugs.1

1 Also charged with these offenses (except for the driving charge) was Leighanna Ramirez. Before defendant’s trial, Ramirez was convicted of transporting drugs.

1

Defendant appeals from the resulting conviction, raising four instructional and evidentiary issues. We find merit in one: defendant’s transportation conviction cannot stand because there was no proof the transportation was for sale, an element that came into being after the jury found defendant guilty of this crime. We will remand the case to allow the People to prove this element, if they so choose. FACTUAL AND PROCEDURAL BACKGROUND On December 8, 2010, defendant, Ramirez, and Christina Lopez met up at Lopez’s home in Fairfield. In the afternoon, the three went to Cache Creek Casino. There was a pipe with methamphetamine that was passed around between the three of them. After spending about three to four hours at the casino, they got back into defendant’s car, and defendant started driving. Around 6:30 p.m., Yolo County Deputy Sheriff Ryan Mez pulled over defendant’s car because the left rear brake light was not working. Defendant handed the pipe to Lopez and told her to get rid of it, so Lopez handed it to Ramirez. The first thing Mez noticed when he approached the car was that it smelled like marijuana. A nervous and talkative defendant initially said there was nothing illegal in the car but then said there was “weed.” Deputy Mez found 4.92 grams of marijuana in the glove box. By this time, Deputy Sam Machado had come to assist Deputy Mez. Deputy Machado was an 11-year veteran of the sheriff’s department, had attended an experts’ course in recognition of people who are under the influence, and had administered thousands of field sobriety tests. Deputy Machado gave defendant the finger count test, the hand pat test (placing one palm on the other), and the Romberg test