The People v. Awan CA3

Facts at Trial1 On August 15, 2008, Lodi police officers went to a two-bedroom residence located on Rutledge Drive to conduct a probation search on Todd Mileham and Sheila Robinson. Mileham and Robinson lived in a walled-off dining room. Defendant occupied one of the two bedrooms with Elena Chavez and their infant child. Defendant was not present when the officers arrived. A search of defendant‟s bedroom revealed a safe containing a total of 57 grams, or two ounces, of methamphetamine in two plastic baggies; numerous tablets of other drugs, including Soma and Diazepam; bank account deposit receipts; cell phones; keys; a total of $3,165 in cash in two plastic baggies; a handgun, magazine, and five live rounds; and pornographic materials. Other items found in defendant‟s bedroom included a bank statement of accounts and checkbook in defendant‟s name, an unloaded pistol, 7.4 grams of marijuana, a digital pocket scale, a purse with tablets of Oxycontin and Endocet, a form and a receipt in Chavez‟s name, and tablets of other drugs including Percocet, Alprazolam, Vicodin, and Soma. In the living room close to defendant‟s bedroom, an officer found a small stack of mail, some of which was…