People v. Rockhold CA4/1

Filed 1/21/21 P. v. Rockhold CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076615

Plaintiff and Respondent,

v. (Super. Ct. No. SCN396034)

MICHAEL ANDREW ROCKHOLD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Michael D. Washington, Judge. Affirmed.

Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Daniel Rogers and Christopher P. Beesley, Deputy Attorneys General, for Plaintiff and Respondent. Defendant Michael Andrew Rockhold was convicted by jury of one count of transportation of methamphetamine for sale (Health & Saf. Code, §

11379, subd. (a)), and two counts of possession of methamphetamine for sale (Health & Saf. Code, § 11378). Defendant stipulated that he committed one

of the crimes while he was released on bail (Pen. Code,1 § 12022.1), and admitted that he had three prior convictions for which he had served a term in prison (§ 667.5, subd. (b)). On September 27, 2019, the court sentenced defendant to a total term of six years eight months in local custody, stayed the enhancements for the prior prison convictions, and imposed fees, fines and assessments. Defendant timely appealed. We strike the enhancements for the prior prison convictions, and otherwise affirm the conviction. STATEMENT OF FACTS Counts 1 and 2 - Transportation and Possession for Sale, January 28, 2019 In the early morning hours of January 28, 2019, an Oceanside police officer observed defendant’s car drive past his marked vehicle and immediately step on the brakes to slow down. Defendant then pulled into a gas station and parked at the air and water pumps, but he remained sitting in the car. The officer thought this conduct strange. He walked toward defendant and when defendant opened his car door, the officer recognized him from prior contacts. The officer conducted a pat-down search and found that defendant had an illegal methamphetamine pipe, with methamphetamine residue, in the defendant’s pocket. The officer searched defendant’s car and found more than 100 grams of methamphetamine hidden in the roof. A digital scale and equipment for taking credit card payments were in a messenger bag and computer bag, respectively, behind the passenger seat.