P. v. Lockett CA2/3

Filed 3/20/13 P. v. Lockett CA2/3 Opinion following order vacating prior opinion NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B231603

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA371797) v.

FLOYD LOCKETT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Drew E. Edwards, Judge. Affirmed. David L. Kelly, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven E. Mercer and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Floyd Lockett, appeals the judgment entered following his conviction for selling cocaine, with prior prison term, prior serious felony conviction, and prior drug conviction enhancements (Health & Saf. Code, §§ 11352, 11370.1; Pen. Code, §§ 667.5, 667, subd. (b)-(i)).1 He was sentenced to state prison for a term of 17 years. The judgment is affirmed. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On May 25, 2010, Los Angeles Police Officer Edgar Ramos was working on a drug trafficking sting operation at Sixth Street and San Pedro, an area known for narcotics transactions. He was monitoring Officer Ben McCauley, who was posing as a customer. Defendant Lockett and a man named Baptiste were standing on the street. An unidentified man approached them and spoke with Lockett. As they talked, Baptiste kept looking up and down the street. When a marked police car stopped at a nearby traffic light, Baptiste said something like “hold on” and the three men “just froze there.” After the patrol car drove off, Baptiste “signaled with his hand [and] motioned him sort of to go ahead with the transaction,” Lockett then “remove[d] what appeared to be a clear plastic bindle containing off-white solids resembling rock cocaine from his buttocks area.” Ramos testified this was a common place for dealers to hide their drugs due to the unlikelihood of being strip-searched in the field. Lockett took something from the bindle and gave it to the unidentified man