People v. Kaslove CA2/4

Filed 11/24/15 P. v. Kaslove CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B259277

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA090294) v.

SAMUEL JACOB KASLOVE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael D. Carter, Judge. Affirmed. Gail Ganaja, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Defendant Samuel Kaslove appeals his conviction for possession of heroin (Health & Saf. Code, § 11350, subd. (a)). After review of the record, defendant’s court-appointed counsel filed an opening brief asking this court to review the record independently pursuant to the holding of People v. Wende (1979) 25 Cal.3d 436, 441 (Wende). We find no arguable appellate issues and affirm defendant’s conviction. FACTUAL AND PROCEDURAL HISTORY We view the facts of this case in the light most favorable to the People and presume in support of the judgment the existence of every fact the jury reasonably could deduce from the evidence. (People v. Ochoa (1993) 6 Cal.4th 1199, 1206.) On July 7, 2013, Alhambra police officers David Bradley and Henry Reyes conducted a traffic stop of the pickup truck defendant was driving. Officer Reyes ordered defendant out of the truck first, while Officer Bradley kept watch over the passenger, David Devido, who remained seated in front passenger seat. Devido did not move his hands toward the driver’s seat before he exited the truck. Officer Bradley searched the truck after defendant and Devido were secured outside. He found a small, knotted red balloon sticking out of the crease where the back of the driver’s seat connected to the seat portion. Officer Bradley placed the balloon on the driver’s seat and asked Officer Reyes, his training officer, to examine it. Officer Reyes, who was experienced in recovering controlled substances, believed the knotting of the balloon and the “vinegary oil smell” it emitted were indicative of heroin. The parties stipulated that the brown substance found inside the balloon was analyzed and found to contain 0.26 grams of heroin, and that such amount of heroin was a usable amount. Defendant called his romantic partner, Noemy Guadron, from jail, in a call that was recorded. Defendant told Guadron that the police found drugs in his truck and impounded the vehicle. Guadron testified that defendant recently had suffered a relapse in his drug use and was associating with other drug users, including Devido. On July 8, 2013, the day after the traffic stop, defendant was no longer in jail. He and Guadron argued over defendant’s drug relapse and who would drive the couple’s remaining car. The argument was a heated one, and Guadron contacted the police twice.