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People v. Coon

April 23, 2009

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JAMES DALE COON, DEFENDANT AND APPELLANT.



APPEAL from a judgment of the Superior Court of San Diego County, Kerry Wells, Judge. Affirmed. (Super. Ct. No. SCD199153).

The opinion of the court was delivered by: Mcconnell, P. J.

CERTIFIED FOR PARTIAL PUBLICATION*fn1

A jury convicted James Dale Coon of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a); count 1), possessing methamphetamine for sale (Health & Saf. Code, § 11378; count 2), receiving a stolen vehicle (Pen. Code, § 496d; count 6), being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a); count 9), being a felon in possession of ammunition (Pen. Code, § 12316, subd. (b)(1); count 10), and possessing a vehicle component with a defaced or destroyed identification number (Veh. Code, § 10751, subd. (a); count 11).*fn2 In a separate proceeding, the trial court found true allegations Coon committed counts 1, 2, 6, 9, and 10 while out on bail. (Pen. Code, § 12022.1, subd. (b).) The trial court sentenced Coon to a term of 3 years 4 months in prison.

Coon appeals, arguing the trial court prejudicially erred by admitting evidence of his uncharged possession of methamphetamine in the prosecution's rebuttal case. Coon also argues the trial court prejudicially erred in admitting faxed copies of certified court records to establish he was on bail when he committed the crimes charged in counts 1, 2, 6, 9, and 10. We affirm the judgment.

I.

Coon is a convicted felon whose home was searched by officers from the Regional Auto Theft Task Force in March 2006 and May 2006.

March 2006 Search

During the first search, police found a stolen 1998 Yamaha quad beneath a hydraulic lift in Coon's backyard. He told police he bought the quad for $400; however, he was unable to provide any other details about the purchase.

In addition, police found a motorcycle in Coon's garage. The identification number on the motorcycle's transmission had recently been obliterated. He told La Mesa Police Officer Andrew Golembiewski he had bought the transmission for $150. He mentioned the obliterated transmission number to the seller. The seller told him not to worry about it and to put his own number on the transmission.

Police also found hundreds of rounds of ammunition in Coon's garage as well as a loaded Smith & Wesson .357 Magnum in a leather pouch hidden in a hole in the garage ceiling. Although there were no fingerprints on the gun, the words "Coon" and "Jim" were scratched on the gun's handle. Coon told Officer Golembiewski he found the gun in a toolbox, thought it was a pellet gun, and hid it in the ceiling. Regarding the ammunition, Coon told Golembiewski he and his father, who has been dead more than 20 years, reloaded (meaning refilled) ammunition.

May 2006 Search

During the second search, police found more ammunition in Coon's garage and a gun clip with .357 Magnum rounds in his bedroom. As the search was taking place, he pulled into the driveway of the residence in his mother's sedan. Oceanside Police Sergeant Matthew Cole looked through the front passenger side window and saw Coon holding a blue pouch in his right hand. After Sergeant Cole ordered him to show his hands and get out of the car, Coon tossed the pouch to the driver's side floorboard. Sergeant Cole retrieved the pouch, which contained 7.01 grams of methamphetamine. The pouch also contained a scale, nine empty plastic baggies, and $525 in cash.*fn3 In addition, the police found a bag containing numerous clean glass tubes in the trunk of the car. Coon denied knowledge of the pouch and told Officer Golembiewski he had been reaching for a drill in the back of the car. El Cajon Police Officer Paul Winslow, testifying as an expert in drug dealing, stated, in his opinion, the amount of drugs, coupled with the scale, the baggies, the glass tubes, and the cash, suggested the methamphetamine was intended for sale, rather than for personal use.

II.

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