People v. Clifton CA3

FACTS

Officer Todd Cogle of the Redding Police Department stopped a vehicle driven by Jeffrey Longmire, whom Officer Cogle suspected of manufacturing methamphetamine. Defendant was the front seat passenger. Officer Cogle observed defendant trying to hide something. After Officer Cogle and other officers detained the occupants of the car, including backseat passengers, a search of the car revealed a bag containing pseudoephedrine tablets on the console between the driver and front passenger seats. Two partially crushed tablets were on the front passenger seat. Also found were several broken blister packs that had contained pseudoephedrine tablets on the passenger side floorboard. Defendant admitted that he had been buying pseudoephedrine to give to Longmire to manufacture methamphetamine. In return for making the purchases, Longmire had supplied defendant with methamphetamine. Defendant had no tablets on his person, and his hands were not stained with red dye. The search of Longmire’s car also revealed equipment for methamphetamine manufacture in the trunk.

DISCUSSION

I Instructions on Lesser Included Offenses Defendant contends that the trial court prejudicially erred by not…