People v. Messing CA2/8

Filed 6/26/15 P. v. Messing CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B256855

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA058520) v.

BRIAN MESSING, JR.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard E. Naranjo, Judge. Affirmed.

William L. Heyman, 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, Victoria B. Wilson and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent.

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Brian Messing, Jr. was convicted of possession of methamphetamine for sale. On appeal, he contends the trial court committed evidentiary and sentencing errors. We disagree and affirm the judgment. FACTS On October 25, 2012, Los Angeles County Sheriff’s Deputies Ed Arnone and Ryan Diez were patrolling in Palmdale when they noticed a car fail to signal a left turn and the driver did not wear a seatbelt. Messing was the driver of the vehicle. He accelerated when he noticed the deputies make a U-turn to follow him. He made another left turn “at a fairly high rate of speed” on to Avenue Q-12 and the deputies lost sight of him for about five seconds. When the deputies activated their lights, however, Messing pulled over. While conducting the traffic stop, the deputies were contacted by their dispatcher, who advised them a witness saw Messing throw an object out the passenger window as he drove down Avenue Q-12. Deputy Arnone contacted the witness, Ana Veronica Contreras, the manager of an apartment complex on Avenue Q-12. She called 911 to report that something was thrown from a car while it was pursued by the police.1 During her call, she stated she saw the police pursue the car, saw something thrown from the car, and saw the police stop the car. However, she clarified at trial that she did not personally observe any of these events, but merely reported what her tenants had told her they saw. Contreras directed the deputies to two baggies on a walkway in front of a nearby church. Deputy Diez estimated the baggies each contained an “eight ball” of methamphetamine, weighing about 3.5 grams. A subsequent search of the car revealed over $1,000 in cash, mostly in $20 bills, and a cell phone, but no narcotics or drug paraphernalia. The deputies were able to unlock Messing’s cell phone using the house number of his address. On the cellphone was a text message dated that day which read, “Can I get an eight ball for a buck 20.”