People v. Espinoza

Filed 5/14/18 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B283895 (Super. Ct. No. 2015033556) Plaintiff and Respondent, (Ventura County)

v.

JOSE ANTONIO ESPINOZA,

Defendant and Appellant.

Here we hold that Ident-A-Drug, an internet drug reference work, comes within the published compilation exception to the hearsay rule set forth in Evidence Code section 1340. Jose Antonio Espinoza appeals his conviction by jury of possession of a controlled substance (methadone and 1 clonazepam pills) in a jail facility (Pen. Code, § 4573.6, subd. (a)) and two counts of resisting, obstructing or delaying a peace officer (§ 148, subd. (a))(1)). He admitted four prior prison term enhancements (§ 667.5, subd. (b)) and was sentenced to four years felony jail with mandatory supervision. (§ 1170, subd.

All further statutory references are to the Penal Code, 1

unless otherwise stated.

(h)(5)(B).) Appellant unsuccessfully contends that Sanchez error (People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez)) occurred when a criminalist testified that “Ident-A-Drug,” an internet drug reference work, was used to presumptively identify the pills as controlled substances. We modify the judgment to reflect that three prior prison term enhancements were stricken at the sentencing hearing (§ 1385) and affirm the judgment as modified. (§ 1260.) Facts and Procedural History On October 21, 2015, appellant entered the Ventura County jail as an inmate. Appellant asked an inmate for a latex glove, adjusted his crotch area, and put his hands down his pants. Ventura County Sheriff’s Deputy Daniel James suspected that appellant was smuggling drugs into the jail. Deputy James, Deputy Martin Nunes, and two other deputies escorted appellant to the shower area to conduct a visual search for drugs. Appellant was asked to disrobe, bend over, spread his butt cheeks, and cough. Appellant did not fully comply and was told to “quit messing around.” Deputy James saw a film canister near appellant’s rectum. He ordered appellant to hand it over. Appellant opened the canister and tried to swallow an assortment of pills. Deputy James grabbed appellant’s right hand and pushed him against a wall. Deputy Nunes spun appellant around and grabbed his chin to prevent appellant from swallowing the pills. Appellant clenched and raised his hands to fight. Deputy James punched appellant to gain “compliance.” Appellant struggled with the deputies, causing injury to Deputy Nunes. Appellant was ordered to stop resisting but instead, kicked at the pills trying to scatter or crush them.