People v. Solchaga CA5

Filed 1/25/16 P. v. Solchaga CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F070360 Plaintiff and Respondent, (Super. Ct. No. 14CM8561) v.

ROGER TOLENTINO SOLCHAGA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge.

Stephanie L. Gunther, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California for Plaintiff and Respondent. -ooOoo-

*Before Franson, Acting P.J., Peña, J. and Smith, J.

PROCEDURAL AND FACTUAL SUMMARY Defendant Roger Tolentino Solchaga was charged in an information with knowing possession of marijuana and methamphetamine while incarcerated in Avenal State Prison (Pen. Code, § 4573.6, count 1).1 The information further alleged defendant had a prior conviction for second degree murder within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). At the conclusion of a jury trial on August 7, 2014, defendant was convicted of the allegation and the prior serious felony conviction was found true. On October 14, 2014, the trial court sentenced defendant to the upper term of four years, doubled to eight years pursuant to the three strikes law. Defendant’s sentence was ordered to be served consecutively to the term he was serving when he committed the instant offense. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436. FACTS PROSECUTION EVIDENCE Correctional Officer Alejandro Huerta was on duty at Avenal State Prison on December 18, 2012, conducting a random search of Dormitory 18 in Housing Unit 120 Facility A with his partner Officer Vargas. When Huerta entered the dormitory, defendant was eating by his bed. Defendant removed his clothing and handed it to Huerta. Huerta conducted an unclothed body search of defendant. In the waistline of the shorts defendant was wearing, Huerta felt a couple of lumps. In a pocket inside the waist of the shorts, sewn in and secured by a safety pin, Huerta found four inmate-manufactured bindles. Three of the bindles were in latex, the fourth was in clear plastic wrap. When asked about the bindles, defendant said they might contain methamphetamine. Defendant was arrested and the suspected contraband was placed in an evidence locker.