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The People v. Richard James Mathis et al

February 2, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RICHARD JAMES MATHIS ET AL., DEFENDANTS AND APPELLANTS.



(Super. Ct. No. 08F09657)

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

P. v. Mathis

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendants Richard James Mathis and Denny Craig Akers of possessing marijuana for sale, and unlawfully transporting marijuana. Akers was also convicted of possession of a device for smoking a controlled substance (a misdemeanor). The court suspended imposition of sentence for both defendants and placed them on five years' probation.

Defendants both argue on appeal that insufficient evidence supports their convictions of possessing marijuana for sale. Akers also contends the trial court erred in permitting only a portion of the statement he made to the arresting officers to be introduced into evidence and Mathis contends he is entitled to additional custody credits. Only the last contention has merit.

BACKGROUND

While on early evening patrol inside a trailer park on Auburn Boulevard in Sacramento, Deputy Sheriffs Jack Noble and Jose Lemus stopped to question defendants, who were sitting inside a parked car. Neither defendant lived in the trailer park where drug sales were known to occur; Mathis lived down the street.

When Deputy Noble spoke to Mathis, he noticed the smell of fresh marijuana and found a Ziplock baggie containing nearly an ounce of marijuana in Mathis's jacket. He found no evidence of marijuana use on Mathis, however; Mathis did not look or smell as though he had been smoking marijuana, and he had no pipe, rolling papers, marijuana cigarettes, lighter nor roach clip.

Deputy Lemus searched Akers and recovered a pipe for smoking methamphetamine and over $500 in cash. Akers did not look or smell as though he had been smoking marijuana, and Lemus found no marijuana cigarettes, lighter, rolling papers, pipes nor other smoking devices in the car or in Akers's possession. Neither defendant had a medical marijuana recommendation.

The car was searched after defendants were detained. Inside the trunk of the car, the officers found three more Ziplock baggies inside a paper bag: all three baggies contained roughly an ounce of marijuana. Besides the $500 in cash, nowhere in the car or on Akers did officers find any other indicia of drug sales, such as scales, pay/owe sheets, or additional packing material.

Deputy Noble later testified that Akers gave a statement to officers at the scene and told them that "all the marijuana belonged to him."

Defendants were both charged with possessing marijuana for sale and transportation of marijuana; Akers was also charged with ...


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