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The People v. Mohammad Qammar Azeem

April 16, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MOHAMMAD QAMMAR AZEEM, DEFENDANT AND APPELLANT.



(Super. Ct. No. CRF100001010)

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

P. v. Azeem

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Mohammad Qammar Azeem was found guilty of sale of methamphetamine, transportation for sale of methamphetamine, possession of methamphetamine for sale, and possession of marijuana for sale, along with an enhancement for a prior narcotics conviction. The trial court sentenced defendant to seven years eight months in state prison.

On appeal, defendant contends the trial court committed prejudicial error when it declined his request to instruct the jury on the date of the possession of methamphetamine charge. We affirm.

FACTS

Yolo County Deputy Sheriff Gary Hallenbeck was on assignment with the YONET regional task force in January 2010. On January 14, 2010, he called a man called "Mo" and arranged to purchase methamphetamine from him for $650 on January 19.

On January 19, 2010, Deputy Hallenbeck and Mo agreed to a $600 price and to meet at the parking lot of a Sacramento Target store. When Deputy Hallenbeck arrived at the parking lot, he was met by defendant. Defendant got into Deputy Hallenbeck's car and sold him a baggie of methamphetamine for $600. The parties stipulated that the methamphetamine weighed 13.59 grams, a useable amount.

On February 3, 2010, a search warrant was executed at a West Sacramento tire business. Defendant, who was at the business, was searched. An officer found two bindles of methamphetamine in defendant's right front pocket, and $2,027 in cash and a pay/owe ledger in his left front pocket. A digital scale, a piece of plastic bag with several portions torn off, and five packages of marijuana were found at the business.

Defendant agreed to speak with officers after he was arrested and advised of his constitutional rights. He initially denied involvement in drug trafficking, but when confronted by Deputy Hallenbeck, defendant exclaimed: "I sold dope to an undercover cop. I got no defense." Defendant then admitted selling methamphetamine, but not often, and mainly to friends.

The parties stipulated that the bindles of methamphetamine found on defendant contained .19 and .20 grams of methamphetamine, each a useable amount, and the packages contained 1.07, 4.51, 21, 23, and 26 grams of marijuana, all useable amounts.

Defendant was convicted on charges stemming from the two incidents. The charges in counts 1 and 2, sale of methamphetamine and transportation of methamphetamine, were based on the January 19, 2010, undercover purchase of the drug from defendant. The charges in counts 3 and 5, possession for sale of methamphetamine ...


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