Thomas

People v. Thomas

Good Law
1991 Cal. App. LEXIS 674·231 Cal. App. 3d 299·282 Cal. Rptr. 258·91 Daily Journal DAR 8159·91 Cal. Daily Op. Serv. 4614
Court of Appeal of CaliforniaJune 14, 1991H007159California2,640 words

Opinion

Opinion

Elia, J.

After a jury trial appellant Mark Renee Thomas was convicted of possession of cocaine base (Health & Saf. Code, § 11350) and transportation of cocaine base (Health & Saf. Code, § 11352). On appeal, he contends: 1) the trial court coerced the jury into returning a verdict, in violation of his rights to an impartial jury and fair trial, and 2) his conviction of possession should have been stricken because possession is a lesser included offense of transportation. We affirm the judgment.

Background

Because appellant raises exclusively procedural issues related to trial and sentencing, a detailed statement of underlying facts is unnecessary. The charges of which appellant was convicted arose from a routine traffic stop during which appellant gave the investigating officer consent to search the car. In the course of that search the officer removed 21 “rocks” of cocaine base from the car. After placing appellant under arrest the officer searched him and recovered $216 in cash from appellant’s pants pocket. Based on this evidence appellant was accused by information of possession of cocaine base for sale (Health & Saf. Code, § 11351.5) and transportation of cocaine.

During…

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