P.

P. v. Oliphant CA1/2

Good Law
Court of Appeal of CaliforniaJuly 18, 2013A136107California3,671 words

Opinion

Opinion

Haerle, J.

I. INTRODUCTION

After a several-day jury trial, appellant was convicted on 10 drug-related counts, including possession for sale and transportation of heroin, oxycodone, methadone and morphine, possession of methamphetamine, and one count of being under the influence of methamphetamine. He appeals, claiming there was a lack of substantial evidence to support his conviction on three of those 10 counts. We reject that argument and affirm appellant’s convictions.

II. FACTUAL AND PROCEDURAL BACKGROUND

Shortly before noon on January 18, 2006, Officer Josh Vincelet, a narcotics detective with the Antioch Police Department, saw appellant, then 26 years old, driving a Cadillac into a gas station in a “high crime” area of Antioch. Also in the car was Kelly Walden-Downs, who the officer recognized as appellant’s girlfriend. He then saw a group of transients “milling around” that gas station. As appellant pulled his car into the station’s car wash, they moved toward it. One of them, who Officer Vincelet recognized as a known narcotics user, Michael Onate, came to the car door and handed appellant

1 cash; appellant then handed Onate “an object.” According to the officer, this interaction…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.