People v. Santos CA2/1

Filed 3/11/16 P. v. Santos CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B265452

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA082644) v.

CARLOS ERNESTO SANTOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, David B. Gelfound, Judge. Affirmed. Theresa Osterman Stevenson, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Carlos Ernesto Santos (Santos) appeals his conviction and sentence on one count of possession of methamphetamine for sale. We affirm. At a preliminary hearing, Los Angeles Police Department (LAPD) Officer Scott Bush testified that on December 12, 2014, he and his partner Officer Torres arrested Santos for a parole violation and took him to the Van Nuys jail. Officer Bush was not present when Officer Torres searched Santos, but Officer Torres told Officer Bush what happened. Officer Torres conducted a strip search and had Santos squat down and bend at the waist, and saw plastic protruding from Santos’s rectum. He asked Santos to remove it but Santos reached back with his right index finger and appeared to push the plastic item further in. Officer Torres told Santos to remove it and Santos said he was trying but could not. Officer Torres had Santos squat down three times and again bend over, saw the plastic again, and asked Santos to remove it. Again, Santos appeared to push the plastic item back in. Officer Torres told Santos that if he did not remove the item, the officers would take him to a medical facility where they would remove it. Santos then removed the plastic item and handed it to Officer Torres. It was a clear plastic bag containing an off-white crystalline substance resembling methamphetamine. Officer Bush spoke to the analyst who examined the substance, who opined to Officer Bush that the substance was .12 gross grams of methamphetamine. In Officer Bush’s experience, this was a usable quantity that could equal three to four doses, or individual hits. An information filed January 5, 2015, charged Santos with one count of possession of methamphetamine in jail, in violation of Penal Code Section 4573.6, subdivision (a), and alleged that Santos had three prison priors and a prior strike. Santos filed a motion for discovery under Pitchess v. Superior Court (1974) 11 Cal.3d 531 with respect to Officers Bush and Torres, later withdrawing his request as to Bush. On April 22, 2015, the trial court granted the motion and after an in camera hearing, reported that there “[were] no hits” related to any complaints or reports that Torres had falsified police reports or had testified falsely.