People v. Jacobs CA2/8

Filed 8/16/16 P. v. Jacobs CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B267411

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA109195) v.

JAMES W. JACOBS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Jr., Judge. Affirmed.

Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Ilana Herscovitz, Deputy Attorneys General, for Plaintiff and Respondent.

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After trial by jury, defendant and appellant James W. Jacobs was convicted of manufacturing methamphetamine (Health & Saf. Code § 11379.6, subd. (a)) and sentenced to an aggregate term of six years in prison to be served in county jail. Jacobs contends that the trial court erred in admitting evidence underlying his prior conviction for possession of methamphetamine. We find no error and affirm. FACTS The Traffic Stop and Discovery of the Methamphetamine On March 8, 2015, Jacobs was driving his Honda in the City of Industry when he was pulled over by Ivan Diaz, a reserve deputy with the Los Angeles County Sheriff’s Department. Deputy Diaz ran the Honda’s license plate number and found Jacobs was the owner of the vehicle and that it was registered as a planned non-operation or “PNO” vehicle. Deputy Diaz asked if there was anything illegal in the car and Jacobs said he had marijuana in the car, for which he had a medical license. Deputy Diaz lawfully searched the car and found in the trunk a glass jar that contained methamphetamine in the final stage of the manufacturing process, two bags of a green-leafy substance, and a pipe with a milky substance in the bowl. Detective Scott Schulze, a senior narcotics detective with the sheriff’s department, helped recover the items found in Jacobs’s trunk. The deputies also found cans of acetone, butane fuel, and a gas additive called “Heat.”1 Deputy Diaz placed Jacobs under arrest and read him his Miranda2 rights. Jacobs waived his rights and told Deputy Diaz that the jar was not his, and that he did not know the jar was inside his trunk. Deputy Diaz then asked, “What stage of process was the glass jar in,” and Jacobs answered, “It’s being washed before use.”3