P.

FACTS AND PROCEDURE

On the evening of November 22, 2010, Murrieta police officers responded to the

parking lot of a condominium complex where it was reported that a person in a parked

vehicle was acting strangely. Officers found defendant in the driver seat of a pickup

truck and a female in the passenger seat. Defendant appeared to be under the influence.

Defendant gave consent to search the truck and his person. The search revealed an empty

syringe in defendant’s pocket and a syringe containing a brown liquid behind the driver

seat. The keychain in the truck had attached to it a small metal container which was

found to contain 0.08 grams of a substance containing heroin. The officers found on

defendant’s person a “butterfly” knife, which opens with a flip of the wrist. Defendant

tested positive for methamphetamine, opiates and marijuana.

On May 9, 2012, a jury convicted defendant of four counts: heroin possession

(Health & Saf. Code, § 11350), possessing a switchblade knife (Pen. Code, § 653, subd.

(k)),1 being under the influence of a controlled substance (Health & Saf. Code, § 11550),

and possessing a syringe (Bus. & Prof. Code, § 4140). The jury acquitted…