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The People v. Jose Rosales Adan

December 6, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JOSE ROSALES ADAN, DEFENDANT AND APPELLANT.



APPEAL from the Superior Court of Riverside County. John G. Evans, Judge. Affirmed. (Super.Ct.Nos. BLF002353 & BLF004379)

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

P. v. Adan CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

Defendant Jose Rosales Adan challenges his convictions for possessing cocaine and methamphetamine for sale, along with his prison sentence of four years and eight months (Health & Saf. Code, §§ 11351 & 11378). Specifically, defendant argues: 1) the People presented insufficient evidence to establish that he possessed and knew about the drugs found in the home and the shed; and 2) he should be awarded additional custody credits under Penal Code section 4019 because the Legislature intended the recent revisions to be retroactive. As discussed below, we reject both contentions and affirm the judgment.

FACTS AND PROCEDURE

On March 29, 2007, at about 5:00 a.m., Riverside County Sheriff's Department deputies, along with a border patrol agent and his drug-sniffing K-9 dog, served a search warrant at defendant's residence. Defendant and an adult male were asleep in the living room. Another adult male was found to be sleeping in another trailer on the same property. This other trailer was without water, sewer or electricity. Defendant told the deputies that he slept in the west bedroom of the two-bedroom mobile home and kept his belongings there. Defendant did not appear to be under the influence and denied knowing there were drugs on the property.

In the west bedroom, the officers found the following items: a bag of methamphetamine underneath a t-shirt on the entertainment console, and a bag of methamphetamine and a roll of cash in the hood of a sweatshirt hanging in the closet. They also found a birthday card addressed to "Tio Chante" and a document from the Riverside County court with defendant's name on it. The closet contained men's clothing that appeared to approximately fit defendant.

In the kitchen, the officers found a plastic container of methamphetamine, a gram scale and plastic sandwich baggies together in a kitchen cabinet, and a 16-ounce container of "Horse Care Pure, MSN" which is used as a cutting agent to increase the volume of methamphetamine.

In the laundry room, officers found a sock containing 7.4 grams of cocaine, along with a gram scale and a container containing an unspecified cutting agent. The officers found a total of 181 grams of methamphetamine inside the home.

In a locked shed behind the residence*fn1 officers found a camera bag inside a box. The camera bag contained 228 grams of methamphetamine.

On June 24, 2009, the People filed a first amended information alleging that defendant possessed both methamphetamine and cocaine for sale. On June 30, 2009, a jury found defendant guilty of both counts. On October 23, 2009, the trial court sentenced defendant to the upper term of four years for the cocaine possession and a consecutive eight-month term for the methamphetamine possession. The court also sentenced defendant to serve a concurrent jail term for violating the terms of ...


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