People v. Nguyen CA3

I. BACKGROUND

The information charged defendant with transportation of methamphetamine for sale (Health & Saf. Code, § 11379, subd. (a)—count one),1 possession of methamphetamine for sale (§ 11378—count two), transportation of cocaine (§ 11352, subd. (a)—count three), possession of cocaine for sale (§ 11351—count four), possession of cannabis for sale (§ 11359, subd. (b)—count five), transportation of marijuana (§ 11360, subd. (a)(2)—count six), and possession of drug paraphernalia (§ 11364, subd. (a)—count seven). At a traffic stop where defendant was stopped for speeding, defendant acknowledged he was traveling too fast and handed the officer his application for a driver’s license. The officer noted defendant’s pupils were constricted and not reacting to light, his teeth were poorly maintained, he was sweating, and his speech was scattered. Defendant told the officer he had last used methamphetamine two to three years prior to that date and had not since. Subsequently, defendant admitted to having “weed” in the trunk and handed the officer a glass pipe with a burnt substance inside, which defendant admitted he used to smoke methamphetamine earlier that day. A search of…