People v. Brown CA1/1

Filed 7/29/16 P. v. Brown CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A145580 v. MICHAEL IZELL BROWN, (Mendocino County Super. Ct. No. SCUK CRCR 14-76719) Defendant and Appellant.

In this appeal after a jury trial, we are asked to review only the decision by the trial court to deny appellant’s motion to strike priors based on People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The trial court articulated its reasons for denying the motion and we find it exercised its discretion in this regard. We therefore affirm. STATEMENT OF THE CASE On July 3, 2014, the District Attorney of Mendocino County filed an information charging appellant with possession of cocaine for sale, a violation of Health and Safety Code section 11351 (count 1); and possession of methamphetamine for sale, a violation of Health and Safety Code section 11378 (count 2). The information also alleged appellant sustained a prior strike conviction based on his conviction for premeditated

attempted murder (Pen. Code,1 §§ 1170.12, 667, 664/187). The information also alleged appellant was convicted of three other felonies. The proceedings in this case were suspended on January 28, 2015, pursuant to section 1368. Appellant was considered competent and criminal proceedings were reinstated on February 11, 2015. The jury trial commenced on April 13, 2015. The following day, after deliberations, appellant was convicted of both counts. Afterwards, in a bifurcated hearing, the court found appellant had sustained a strike conviction as alleged, and had been convicted of two of the three other priors also alleged in the information. On June 23, 2015, the court denied appellant’s Romero motion. That same day, the court denied probation and sentenced appellant to state prison for a term of eight years four months. Appellant filed his notice of appeal on June 25, 2015. STATEMENT OF FACTS On April 6, 2014, around 11:00 a.m., Ukiah officer Thiele was dispatched to the parking lot of a Jack in the Box restaurant concerning information that drug transactions were taking place in the lot. Earlier that morning, reserve deputy McNamara of the Del Norte County Sheriff’s Office, while having breakfast with his family, observed suspicious activity associated with a white Ford Explorer. On at least three instances, individuals approached the Explorer and interacted with a man in the vehicle for a few minutes. It appeared exchanges were taking place. Appellant was the person in the Explorer. Thiele received permission from appellant to examine the interior of the vehicle. The officer found a potato chip bag in the front seat; it contained 12 small plastic bags containing white crystal powder of suspected methamphetamine. The chip bag also contained three plastic bags of a white substance believed to be cocaine. In the rear of