People v. Perez CA2/6

Filed 6/15/16 P. v. Perez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B261268 (Super. Ct. No. 2014018282) Plaintiff and Respondent, (Ventura County)

v.

ARMANDO BANUELOS PEREZ,

Defendant and Appellant.

Armando Banuelos Perez appeals a judgment following conviction of possession of methamphetamine for sale, with findings that he suffered a prior felony strike conviction, served two prior prison terms, and was on bail at the time he committed the offense. (Health & Saf. Code, § 11378; Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b), 12022.1, subd. (b).)1 We conclude that the trial court properly overruled a demurrer filed pursuant to the "two-dismissal" rule of section 1387. (People v. Juarez (2016) 62 Cal.4th 1164, 1169-1175 [discussion of "two-dismissal" rule and public policies implemented by section 1387].) We affirm.

1 All further statutory references are to the Penal Code unless stated otherwise.

FACTUAL AND PROCEDURAL HISTORY Case No. 20140034022 On February 4, 2014, the Ventura County prosecutor filed a felony complaint against Perez charging him with possession of methamphetamine, possession of drug paraphernalia, and providing false information to a police officer. (Health & Saf. Code, § 11377, former § 11364.1, subd. (a); § 148.9, subd. (a).) The trial court set an early disposition conference for March 19, 2014, and a preliminary examination for April 2, 2014. The charges arose from a January 31, 2014, traffic stop in Oxnard of a vehicle in which Perez was a passenger. Ventura County Sheriff's Deputy James Teddar believed an outstanding warrant existed for Perez's arrest. Perez provided false identification to Teddar, who determined Perez's identity in part based upon Perez's tattoos. During a search of the vehicle, Teddar found a glass pipe containing a burnt residue of methamphetamine. At the preliminary examination, the trial court held Perez to answer for possession of drug paraphernalia and providing false information to a police officer, but not possession of methamphetamine. The prosecutor then dismissed the complaint and on April 14, 2014, refiled a misdemeanor complaint charging Perez only with providing false information to a police officer. Perez later pleaded nolo contendere to the charge and received a sentence of five days in county jail. Case No. 2014005367 On February 21, 2014, the Ventura County prosecutor filed a felony complaint against Perez charging him with possession of methamphetamine for sale, unlawful possession of a firearm, and unlawful possession of ammunition. (Health & Saf. Code, § 11378; §§ 29800, subd. (a)(1), 30305, subd. (a)(1).) The trial court set an early disposition conference and a preliminary examination for the same dates as Case No.