People v. Campos CA5

Filed 7/25/16 P. v. Campos 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069556 Plaintiff and Respondent, (Super. Ct. No. 13CM1136) v.

HUMBERTO LINARES CAMPOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Steven D. Barnes, Judge. Meredith Fahn, 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 Levy, Acting P.J., Poochigian, J. and Detjen, J.

A jury convicted appellant Humberto Linares Campos of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), a felony. In a separate proceeding, Campos admitted a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)) and allegations that he had a prior conviction within the meaning of the “Three Strikes” law (Pen. Code, § 667, subds.(b)-(i)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On April 1, 2013, at approximately 11:15 a.m., while on patrol in Lemoore, Kings County Sheriff’s Deputy Daniel Hoslett parked his car to walk to a bank. As he walked between two parked cars, Deputy Hoslett saw Campos sitting in the driver’s seat of a car with his hands on his lap holding two small plastic bindles that contained a white powder. When he made eye contact with the deputy, Campos’s eyes got wide and his jaw dropped. Campos then passed the bindles to Cynthia Sanchez, who was sitting in the front passenger’s seat. Hoslett opened the car door and ordered Campos out of the car. As Campos exited the car, Sanchez leaned down to her right, which caused her hands to go out of Hoslett’s field of vision. Hoslett ordered Sanchez to put her hands on the dash, but she continued to reach down to her right side with her right hand. After getting Campos and Sanchez out of the car, Deputy Hoslett searched them. Hoslett did not find anything unusual on Campos, but on Sanchez he found a small plastic bindle sticking out of her waistband that was similar to the ones Campos earlier had in his possession. During a search of the car, on the floorboard between the front passenger’s seat and the door, Hoslett found a piece of a plastic bag that had been torn off and white powder around it. Hoslett recovered some of the powder from the floorboard. The bindle recovered from Sanchez’s waistband was later determined to contain .88 grams of methamphetamine. The powder recovered from the floorboard was also determined to be methamphetamine and weighed .03 grams.