People v. Urbina CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

On June 5, 2023, police officers responded to a Jack-in-the-Box restaurant in Calexico after receiving a report that Urbina was hitting the walls inside the restroom. The officers concluded from Urbina’s behavior and appearance that he was under the influence of drugs. Urbina confirmed for the officers that he had used both methamphetamine and fentanyl, and he explained that he had “an opioid issue.” Urbina stated that he was from Thousand Palms, in Riverside County, but that he was at the Jack-in-the-Box waiting for a friend, whom he was going to help move. Urbina also stated that he had just crossed over the border from Mexico. When the officers searched Urbina, they found a pouch containing two packages inside the leg of his pants. The first package contained 1.868 grams of fentanyl. The second package contained 49.918 grams of fentanyl. The fentanyl was in the form of a blue powder. Urbina told the officers that he had purchased the drugs in Calexico for the price of $500, but that he still owed $200 of that amount.

2 Urbina was charged with one count of possessing a controlled substance for sale. (Health & Saf. Code, § 11351.) At trial,…