People v. Perez CA2/6

Filed 8/20/20 P. v. Perez CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B299287 (Super. Ct. No. 18F-11425) Plaintiff and Respondent, (San Luis Obispo County)

v.

ANDREW REY PEREZ,

Defendant and Appellant.

A jury found Andrew Rey Perez guilty of possession for sale of heroin (Health & Saf. Code, § 11351) and possession for sale of alprazolam (Xanax) (Health & Saf. Code, § 11378). The trial court suspended imposition of sentence, and placed Perez on three years’ formal probation. We affirm. FACTS Perez had been involved in a dispute with Michael Daniloff. Perez accused Daniloff of pistol-whipping him and taking $1,800. Thereafter, shots were fired at Daniloff’s house. The day after the shooting, Daniloff’s aunt, Diana Ballesteros, went to Perez’s house to ask him to stop shooting

into Daniloff’s house. During the meeting, Perez became angry and complained that Ballesteros did not have Perez’s gun, a subject that Ballesteros knew nothing about. Perez slammed a bag of heroin on the table and said, “Here . . . Where’s my piece?” Ballesteros did not know what he was talking about. Perez pointed an assault rifle at Ballesteros’s head. She left Perez’s house and called the police. The police arrested Perez that night. The next day, the police executed a search warrant on Perez’s mother’s house. Perez had been living there since Thanksgiving. His mother rented a room to a tenant, whom she had not seen since December 6. The police were searching for the assault rifle and evidence of narcotic sales. Detective Steve Boyett of the Paso Robles Police Department conducted the search. In the laundry room, he found a black plastic tote. Inside the tote he found 52.27 grams of heroin, two functioning digital scales with heroin residue on them, several unused baggies, a spoon with heroin on it, a tablet computer, and some male clothing. The laundry room was accessible to everyone in the house. Heroin is often sold in 0.1 gram doses, so the 52.27 grams would make 522 individual sales. Boyett also found 100 whole and 13 partial Xanax pills inside the tote. The pills were green, rectangular, and had “S903” printed on them. He did not find a prescription. When Perez was arrested, the police searched him before transporting him to the police station. They searched him again at the station. When they transported him to the jail, the correctional staff searched him again. Perez was placed in a holding cell at the jail. The jail had eight holding cells. Only one arrestee occupied a cell. There were surveillance cameras in the area. Deputy