People v. Robbins CA2/8

Filed 9/1/16 P. v. Robbins CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B268491

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA137604) v.

ROBERT ROBBINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court for the County of Los Angeles. Eleanor J. Hunter, Judge. Affirmed.

Miriam K. Billington, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________________

On November 5, 2015, a jury convicted defendant Robert Robbins of sale of a controlled substance (Health & Saf. Code, § 11352, subd. (a)), a felony, and simple possession of cocaine base (§ 11350), a misdemeanor. The court sentenced defendant to three years six months in county jail. The facts were these. On July 1, 2015, Officer Saipele Tuialii was one of several police officers assigned to narcotics enforcement who were observing a unit (Unit 97) in a housing development known for drug sales. He and his partner were located at a gas station across the street (Imperial Highway) from Unit 97. Officer Tuialii observed a male, known to some of the officers as Michael Peoples, walking up to Unit 97. Mr. Peoples knocked on the door. The door opened slightly, and Mr. Peoples handed United States currency to the person inside. The door closed for five to 10 seconds, and then reopened, and the person inside gave Mr. Peoples “an off-white solid resembling rock cocaine.” Mr. Peoples then walked away. Officer Tuialii was using binoculars and “had a clear view of the front door and the whole transaction.” Officer Tuialii’s partner radioed a description and location to other officers, who stopped Mr. Peoples about 50 to 70 yards away from Unit 97. As police were detaining Mr. Peoples, defendant walked out of Unit 97, looked up and down the block, “and continued to monitor as Peoples was being detained.” Then defendant walked back inside. Officer Richard Larson, who knew Mr. Peoples from previous arrests, was one of the officers who detained and arrested him. Officer Larson “told him that we had watched him purchase rock cocaine and it was in his right front pocket. [¶] And he [(Mr. Peoples)] said, ‘Okay. You got me.’ ” Officer Larson’s partner recovered the rock cocaine from Mr. Peoples’s right front pocket. The rock recovered was tested and found to be cocaine in the form of cocaine base, with a net weight of 0.21 grams. Police obtained a search warrant for Unit 97 and executed it the following day. Police approached the rear door of the unit. Officer Edward Kellogg was “ ‘point,’ which means I’m the first guy up with the shotgun.” As he approached, “somebody said, ‘oh, shit,’ and slammed the door on me.” (According to Officer Larson,