Rushing

People v. Rushing

Good Law
1989 Cal. App. LEXIS 326·209 Cal. App. 3d 618·257 Cal. Rptr. 286
Court of Appeal of CaliforniaApril 10, 1989D007062California1,213 words

Opinion

Opinion

Todd, J.

Evan Jerome Rushing appeals his conviction for possession of cocaine, contending there was insufficient evidence on which a reasonable jury could base its verdict. We disagree and accordingly affirm the judgment.

Factual and Procedural Background

San Diego Sheriff’s deputies arrested Rushing in March 1987 during their search of a two-bedroom apartment in Spring Valley pursuant to a valid search warrant. Four persons, including Rushing, were in the apartment at the time of the search.

The officers found 15.8 grams of rock cocaine hidden in the false bottom of a WD-40 can located on a stereo speaker next to the bed in the northeast bedroom of the apartment. Also found in this bedroom, in the top drawer of a desk, were court documents with Rushing’s name and signature on them.

At the time of the search, Rushing was sleeping in the southwest bedroom. The officers found another court document containing Rushing’s name and signature in this room on top of a dresser together with three sheets of paper folded together. The officers present believed these papers were a ledger for recording narcotics sales. Their opinion was based on the columns of names and numbers,…

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