People v. Cassano CA2/2

Filed 3/5/15 P. v. Cassano CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B252689

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA058436) v.

BILLY JACK CASSANO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Eric P. Harmon, Judge. Affirmed. Alan S. Yockelson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Yun K. Lee and Eric E. Reynolds, Deputy Attorneys General, for Plaintiff and Respondent.

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Billy Jack Cassano (defendant) appeals his conviction and eight-year sentence for possession of methamphetamine. He attacks the sufficiency of the evidence underlying his conviction, and also contends the trial court erred when it admitted his prior convictions for possession of methamphetamine for sale, denied his motion for new trial, 1 and denied his Pitchess motion following an in camera hearing. None of these arguments has merit and we affirm the conviction. FACTUAL AND PROCEDURAL BACKGROUND While conducting an unrelated investigation at a residence in Lancaster, Los Angeles County Sheriff’s deputies approached a nearby detached garage, announced their presence and knocked on the garage door. When garage’s owner quickly opened the door, defendant and Michael Moore (Moore) were observed standing behind a table approximately three feet from the door. In plain view on the table were two small plastic baggies containing methamphetamine, a digital scale and empty baggies. Defendant and Moore made eye contact with one of the deputies, then ran from the garage through a separate exit. After a brief search, sheriff’s deputies found both of them hiding in the rafters of a nearby garage. The People charged defendant with a single count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The People further alleged that defendant’s 2002 conviction for assault with a firearm (Penal Code, § 245, subd. 2 (a)(2)) constituted a “strike” within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(j), 1170.12, subds. (a)–(d)), and that defendant suffered three prior convictions for which he served prison terms (§ 667.5, subd. (b)). The jury returned a guilty verdict. In bifurcated proceedings, defendant admitted having suffered three prior convictions. The trial court sentenced defendant to a total of eight years (three-year