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The People v. Anthony Richardo Turner

May 17, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ANTHONY RICHARDO TURNER, DEFENDANT AND APPELLANT.



(Super. Ct. No. CRF094367)

The opinion of the court was delivered by: Hoch ,j.

P. v. Turner 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a jury trial, defendant Anthony Richardo Turner was convicted of transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) [undesignated statutory references are to the Health and Safety Code]) and possession of methamphetamine (§ 11377, subd. (a)). In a separate proceeding, the trial court sustained allegations defendant had three prior strike convictions (Pen. Code, § 667, subd. (e)(2)), a prior drug conviction (§ 11370.2, subd. (a)), and served seven prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court dismissed two of the strike priors, and sentenced defendant to 18 years in state prison.*fn1

On appeal, defendant contends the trial court erred in denying his Trombetta*fn2 motion. Finding no error, we affirm.

FACTS

On patrol in the early morning of September 18, 2009, Woodland Police Department Officer Richard Rayls saw something moving in the dark. Officer Rayls activated his patrol car camera and lit the area; he saw defendant riding his bicycle on the sidewalk, east of Officer Rayls's location. He stopped defendant for not having rear red reflectors, riding on the sidewalk, and riding on the wrong side of the street.

Officer Rayls searched the area around the bicycle. A folded postcard with a baggie containing .14 grams of methamphetamine was found two feet from defendant's bicycle. A search of defendant's coat found an identification card application and a letter from the Department of Employment and Social Services. The letter contained defendant's personal information and had the same mailing address as the address on the postcard.

Photographs of the bicycle and video from Officer Rayls's patrol car camera were presented as evidence at trial. The parties stipulated that the bicycle was released by the police and sold at auction on November 5, 2009.

Defendant presented expert testimony that the fingerprinting procedure for the postcard was incorrect. The expert stated that he could find no reason why the bicycle was not kept as evidence.

DISCUSSION

Defendant contends the trial court should have granted his Trombetta motion because his bicycle was sold at auction, preventing it from being introduced at the hearing on his suppression motion. We disagree.

Officer Rayls was the only witness at the suppression motion held on January 11, 2010. He saw defendant riding a bicycle without rear reflectors or tire reflectors, going ...


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