People v. Woodbury CA3

Filed 1/11/16 P. v. Woodbury CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C078977

Plaintiff and Respondent, (Super. Ct. Nos. CMO36634, CMO41424) v.

STEPHEN WINFIELD WOODBURY IV,

Defendant and Appellant.

Defendant Stephen Winfield Woodbury IV appeals from the judgment in case Nos. CM036634 and CM041424. On appeal, defendant contends the trial court erred by imposing three consecutive sentences in case No. CM036634, for his simultaneous possession of three different controlled substances—methamphetamine, hydrocodone, and hydromorphone. Defendant argues that Penal Code section 6541 requires a stay of

1 Undesignated statutory references are to the Penal Code.

1

two of these sentences because he committed all of the offenses pursuant to the single objective of satisfying his drug addiction. We disagree and shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND2

On June 22, 2012, defendant was stopped by a police officer for driving with an expired registration. During the stop, the officer smelled alcohol and saw a partially full bottle of vodka on the passenger-side floorboard. The officer asked defendant to step out of his vehicle. As he did so, defendant slipped his hand into his pocket and pulled out a small black object. The officer grabbed defendant’s hand and a small metal container fell onto the ground. Two bindles of methamphetamine and one hydrocodone pill also fell onto the ground. A search of defendant’s vehicle revealed three hydromorphone pills. Defendant was arrested and taken to jail.

In July 2012, defendant was charged in case No. CM036634 with one count of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), one count of possession of hydrocodone (Health & Saf. Code, § 11350, subd. (a)), and one count of possession of hydromorphone (Health & Saf. Code, § 11350, subd. (a)). Defendant pleaded guilty to all three counts and in January 2013, the trial court placed defendant on felony drug probation (Prop. 36) for a period of three years.