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The People v. Roger anderson Ingram

November 13, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROGER ANDERSON INGRAM, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 06F11307, 07F950, 10F4301)

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

P. v. Ingram

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

An information filed in case No. 10F4301 charged defendant Roger Anderson Ingram with possession of cocaine base for sale (Health & Saf. Code, § 11351.5--count 1), possession of heroin for sale (Health & Saf. Code, § 11351--count 2), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)--count 3), and further alleged a prior drug conviction (Health & Saf. Code, § 11370.2, subd. (a)) and an on-bail enhancement (Pen. Code, § 12022.1).

A jury convicted defendant of all counts. The People dismissed the on-bail enhancement. The court sustained the prior drug conviction allegation and found that defendant violated probation in case Nos. 06F11307 and 07F950, as well as in another case (07F8692).

Sentenced to state prison, defendant appeals. In case No. 10F4301, he contends (1) the trial court abused its discretion and committed prejudicial error in admitting evidence of his prior drug conviction, and (2) he is entitled to additional presentence custody credit. We will modify the custody credits and otherwise affirm the judgment.

FACTS*fn1

On June 13, 2010, officers went to an apartment to conduct a probation search of defendant. The parties stipulated that defendant had been convicted in 2007 of transportation of rock cocaine, a felony. The officers spoke with defendant's mother, who was in the carport area of the apartment. She claimed that defendant did not live at the apartment but that she would go inside and get him. She went inside and tried to close the door behind her, but Officer Eric Little stopped the door from closing. Defendant's mother announced that probation officers were present. Defendant, wearing shorts and a T-shirt, came out of a bedroom, and reached into the left front pocket of his shorts. Officer Shawn McGinnis grabbed defendant's arm. Officer McGinnis saw a black object in defendant's hand. Defendant tossed the object to the floor. After handcuffing defendant, the officer picked up the object, a black bag, and found three smaller pouches inside. One pouch contained five pieces of rock cocaine worth $20 each, weighing a total of 1.55 grams, and two half-grams of heroin wrapped in plastic worth $50 each, weighing a total of about .13 gram. Defendant claimed the items in the black bag belonged to a friend who had left them in the apartment. Defendant did not have any injection sites on his arms.

A search of the apartment did not reveal any paraphernalia indicating defendant used heroin or rock cocaine. According to Officer McGinnis, a narcotics expert, a heroin user typically has syringes, bent spoons, cotton, and a flame source, and a rock cocaine user typically has a glass pipe and steel wool or a makeshift pipe made from tinfoil.

After waiving his rights, defendant was interviewed by Officer McGinnis. The jury heard a recording of the interview. Defendant stated he only used alcohol and marijuana. Defendant claimed the person who left the pouch stated he would give a "good price" if defendant knew someone who would buy the drugs, and he would give defendant a "few dollars" for selling the drugs. Defendant did not know how many pieces of rock cocaine were in the pouch. When shown the heroin, defendant "thought it was like a resin." The following conversation ensued:

"[Officer McGinnis]: Well looked like you, one of your priors was for deal, for dealin' some rock or dealin' some coke of some kind.

"[Defendant]: No. No, somebody was ridin' in a fuckin' car. Dropped a fuckin' bag. My, when my seat got searched, there was nothin' on ...


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