People v. Rodgers CA6

Filed 10/28/21 P. v. Rodgers CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047345 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. 216392)

v.

LARRY LEE RODGERS,

Defendant and Appellant. Defendant Larry Lee Rodgers filed an appeal, and his appointed appellate counsel filed an opening brief that states the case and the facts but raises no issues. Defendant was notified of his right to submit written argument on his own behalf, and he has filed a letter. In his letter, he questions the term he received for a kidnapping in a separate case that was sentenced at the same time as this case. He also complains that the police were lying about the facts of the drug cases. We have reviewed the record for arguable issues under People v. Wende (1979) 25 Cal.3d 436 and found none. We also conclude that defendant has not raised any arguable issues. I. FACTS On the morning of January 25, 2016, police officers responded to a report that a man and a woman in a car parked in a residential neighborhood were “taking their clothes off inside of the vehicle.” When a police officer approached the car, he saw that defendant was sitting in the car with a woman. Defendant rolled down the window, and the officer immediately smelled unburned marijuana coming from the car. He asked defendant about the marijuana, and defendant pulled a small baggie of

1 marijuana out of the center console and showed it to the officer. Defendant claimed to have a medical marijuana card, but he did not provide one. A nonconsensual search of the car ensued, which turned up cocaine base, methamphetamine, and more marijuana, along with multiple cellphones. The cocaine base was individually packaged in 16 baggies, each of which contained one rock. The bag of methamphetamine weighed 4.5 grams. No medical marijuana card was found. On May 1, 2016, shortly before 11:00 p.m., defendant was driving a car with Cherie Taylor as his passenger when they were pulled over by the police after defendant failed to stop at a stop sign. After the police initiated the stop, but before he pulled over, defendant took a small plastic bag out of his pocket, handed it to Taylor, and told her to “Stash this” because he was going to be searched. She stuck the bag between her breasts. Defendant consented to a search of his person, and a baggie of crack cocaine and a baggie of methamphetamine were found on his person along with $568 in cash. Taylor subsequently turned the baggie defendant had given her over to the police and told them that defendant had asked her to hold it for him. This baggie contained 46 small baggies of cocaine base. Defendant called her later and was very angry at her for “giving up, I guess his drugs.” He told her to say the drugs were hers. On November 1, 2016, defendant sold a rock of cocaine base to an undercover police officer inside a moving car. II. PROCEDURAL BACKGROUND Defendant was indicted on 19 counts: possession of methamphetamine for sale 2 (Health & Saf. Code, § 11378), transportation of methamphetamine (§ 11379, subd. (a)), three counts of possession of cocaine base for sale (§ 11351.5), five counts