People v. Tracy CA3

Filed 2/10/15 P. v. Tracy CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C073349

Plaintiff and Respondent, (Super. Ct. Nos. 05F1398 & 12F1419) v.

PHILLIP EDWARD TRACY,

Defendant and Appellant.

Defendant Phillip Edward Tracy appeals his convictions for misdemeanor resisting a peace officer and possession of a firearm by a felon. He contends there is insufficient evidence supporting his conviction for resisting or delaying a peace officer, as there is no evidence he willfully delayed the officers. He contends his conviction for possession of a firearm must be reversed, as there is not sufficient evidence that the gun case was unlocked or that he knew it was unlocked. We affirm.

1

BACKGROUND Between November 2011 and January 2012, defendant made numerous visits to a variety of doctors and health clinics. He sought and received a number of prescriptions for oxycodone. In January 2012, Dr. Blosser of the Tehama Health Clinic conducted a search of the Department of Justice database and discovered that in the preceding six months, defendant had seen five different doctors for pain medications and received refills from four different pharmacies. Following a search, officers found text messages on defendant’s phone that appeared to be about making arrangements for drug transactions. Neighbors observed many visitors to defendant’s home at all times of the day and night. These visitors usually stayed a few minutes to 20 minutes. One neighbor, Michael Cheso, saw defendant sell prescription drugs like OxyContin to numerous people. Defendant had also suggested Cheso could raise money quickly by going to defendant’s doctor, getting a prescription for OxyContin and then selling the pills. Cheso had a prior felony conviction, and he and defendant had a history of bad relations. In February 2012, the Shasta County Interagency Narcotics Task Force, pursuant to a search warrant, searched defendant’s home. During the course of the search, they found numerous pill bottles containing oxycodone, Suboxone, lorazepam, and hydrocodone. The prescription bottles were in defendant’s name. In addition, there were a number of empty bottles in both defendant’s name and his wife’s, Megan. The police also found several large containers of marijuana in a utility room, the master bedroom, and in a safe. During the search, officers also found a firearm in the northwest bedroom, the “pink” room. The gun was a .38 revolver in an unlocked gun case on a shelf in the upper portion of the closet. There was a trigger lock inside the case but it was not attached to the gun. Officers also found mail addressed to defendant in an envelope in a dresser in the pink bedroom, and IRS papers in the names of both defendant and his wife. In the