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The People v. Quincent Earl Robinson

February 8, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
QUINCENT EARL ROBINSON, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F06408)

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

P. v. Robinson

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 defendant Quincent Earl Robinson of possession of methamphetamine for sale (Health & Saf. Code, § 11378; count one) and possession of hydrocodone and methadone (Health & Saf. Code, § 11350, subd. (a); count two). He was sentenced to state prison for two concurrent terms of three years, awarded 224 days' custody credit and 224 days' conduct credit. He was also ordered to pay a $600 restitution fine, a $600 restitution fine suspended unless his parole was revoked, an $80 court security fee (Pen. Code, § 1465.8), a $60 court facilities fee (Gov. Code, § 70373), a $287 main jail booking fee and a $59 main jail classification fee (Gov. Code, § 29550.2).

Facts and Proceedings

On September 28, 2010, at approximately 5:00 a.m., Sacramento County Sheriff's Deputy David Treat responded to a 911 call regarding suspicious activity at an apartment complex. Upon arriving, Treat observed a man holding onto a wrought iron fence and bent over at a 90-degree angle. As Treat approached the man, he noticed that a sheathed hunting knife was hanging from the man's belt. Treat identified himself as a deputy sheriff and tried to communicate with the man but he received no response.

Deputy Treat observed signs that the man was intoxicated and unable to care for himself. Treat placed the man under arrest for public intoxication, retrieved the man's wallet from his pocket, and identified him as defendant. Shortly thereafter, Deputies Duncan and Hoganson arrived on the scene.

After defendant was placed in a patrol car, Deputy Hoganson retrieved a black canvas bag and a black plastic bag from the ground approximately four feet from where defendant had been standing. Deputy Treat decided to book the items for safekeeping.

Inside one of the bags, Deputy Treat found a quart-sized freezer bag that contained a plastic sandwich bag. The sandwich bag contained nine pills later determined to be methadone.

The freezer bag also contained three additional sandwich bags. Each sandwich bag contained a quantity of methamphetamine.

In addition, the freezer bag contained a film canister that held another quantity of methamphetamine.

Deputy Treat found a prescription pill bottle that contained 16 acetaminophen hydrocodone pills. He also found two non-functioning cellular ...


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