People v. Antes CA4/3

Filed 9/12/14 P. v. Antes 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G048599

v. (Super. Ct. Nos. 13NF0101 & 13NF2051) JEFFREY CRAIG ANTES, OPINION Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, James Edward Rogan, Judge. Affirmed. Paul Stubb, Jr., 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, Charles C. Ragland and Alana Cohen Butler, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Jeffrey Craig Antes of possession of methamphetamine for sale, and Antes admitted serving seven prior prison terms in Orange County Superior Court case number 13NF0101 (No. 13NF0101). Antes received a five-year term to be served in the Orange County jail. Antes pled guilty to second degree burglary, identity theft, forgery, possession of a forged instrument with intent to defraud, and possession of a fictitious instrument with intent to defraud, and he admitted the prior serious felony convictions and a prior prison term in Orange County Superior Court case number 13NF2051 (No. 13NF2051). The trial court sentenced Antes to a four-year term to be served concurrently with the sentence imposed in No. 13NF0101. Antes’s appeal is limited to an issue arising in No. 13NF0101. He claims the prosecutor committed misconduct during rebuttal argument by postulating a new and erroneous theory of liability, and that his attorney’s failure to object and request an admonition amounts to ineffective assistance of counsel. We reject these assertions and affirm the judgment. FACTS Prosecution Evidence One morning in early January 2013, Anaheim police officers went to a hotel known to be a hot bed of narcotics activities. During their patrol through the hotel, the officers saw a known probationer, Janet Hutton, coming out from one of the hotel rooms. While the door was open, the officers noticed another woman, “Ms. Valdivia,” sitting at a table. When Valdivia saw the police officers, she immediately raised her hands. She quickly lowered her hands in an attempt to cover some hypodermic syringes lying on a table. The officers also saw Antes, who was also sitting at the table with Valdivia on his lap. Antes quickly got up, threw a cosmetics bag to the floor, and then ran into the bathroom.