P. v. Moore CA2/4

Filed 3/18/13 P. v. Moore CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B239046

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA387399) v.

JASON MOORE,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge. Affirmed. Eric Cioffi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Jason Moore appeals from the judgment entered following his conviction by jury on one count of sale of a controlled substance in violation of Health and Safety Code section 11352, subdivision (a). We affirm. On August 3, 2011, Los Angeles Police Department (LAPD) Officer Jose Calderon was working with a team of officers who were conducting an undercover narcotics investigation in downtown Los Angeles. As Officer Calderon walked down the street, appellant showed him three pieces of solid resembling rock cocaine and offered to sell him some. Officer Calderon bought two of the three pieces and paid appellant with a pre-recorded $10 bill. Officer Calderon then signaled to his supervisor that he had conducted a transaction and described appellant. Officer Calderon placed the pieces in a bag and booked it into evidence. Officer Calderon’s partner, Ben McCauley, saw appellant approach Officer Calderon and have a conversation with him before Officer Calderon walked away and gave the signal. Officer McCauley did not see any exchange of money. He heard the description of appellant and directed uniformed officers to detain appellant. Appellant was arrested a few minutes later. When he was searched, officers did not find the pre-recorded $10 bill, the third piece of rock cocaine, or any other drugs, but they did find a pipe to smoke rock cocaine. Andrea Mazzola, a criminalist in the LAPD crime lab, analyzed the substance Officer Calderon purchased from appellant and determined that it contained cocaine in the form of cocaine base. Appellant was charged by information with one count of violating Health and Safety Code section 11352, subdivision (a). The information alleged one prior strike pursuant to the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and four prior prison terms pursuant to Penal Code section 667.5, subdivision (b).