People v. Tyars CA2/1

Filed 1/20/15 P. v. Tyars CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B252033

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA410374) v.

TYRONE K. TYARS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Craig Richman and David V. Herriford, Judges. Affirmed. Tyrone Tyars, in pro. per.; Jamie Lee Moore, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ________________________

An information charged Tyrone Tyars with sale of a controlled substance, cocaine base (Health & Saf. Code, § 11352, subd. (a); count 1), possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2), and possession of a controlled substance, heroin (Health & Saf. Code, § 11350, subd. (a); count 3). As to all three counts, the information alleged Tyars had sustained a prior serious or violent felony conviction under the “Three Strikes” law (Pen. Code, §§ 667, 1 subds. (b)-(j), 1170.12, subds. (a)-(d)) for attempted carjacking (§§ 215, 664), and had served a prior prison term (§ 667.5, subd. (b)) for the attempted carjacking conviction. Evidence presented at trial showed, on April 21, 2013, Detectives Porfirio Montejano and Mel Vergara from the Los Angeles Police Department (LAPD) Gang and Narcotics Division were conducting undercover narcotics surveillance from an unmarked patrol car in an area of Los Angeles known to Detective Montejano as “a high narcotics area.” Detective Montejano observed two men, later identified as Tyars and Gerson Calderon, engage in what appeared to be “[a] hand-to-hand narcotics transaction.” Detective Montejano saw Calderon hand Tyars paper money, which Tyars counted and placed in his pocket. Tyars handed Calderon “some small items,” which Calderon placed in a plastic bag hanging from the handlebars of a bicycle. Tyars and Calderon separated. Tyars walked north and Calderon proceeded south with the bicycle. The detectives followed Calderon and stopped him 7-10 minutes after the transaction with Tyars. The detectives searched the plastic bag hanging from the bicycle and recovered “four clear plastic wrapped off-white solid [items] resembling rock cocaine.” These appeared to be the same small items Detective Montejano had seen Tyars hand Calderon. An LAPD criminalist later determined these items contained cocaine base. Prior to following Calderon as he separated from Tyars, Detective Vergara called for back-up and asked Detective Armstrong and Officer Michael Hofmeyer to respond to the area and follow Tyars. After Calderon’s arrest, Detective Vergara again contacted Detective Armstrong and Officer Hofmeyer and requested they arrest Tyars. Based on