Fuentes

Defendant Arthur Fuentes was convicted of felony possession of heroin (Health & Saf. Code, § 11350) and misdemeanor possession of a hypodermic needle (Bus. & Prof. Code, § 4149). He was sentenced to the upper term of three years on the felony and to a concurrent term of six months on the misdemeanor.

Defendant contends that the trial court erred when it instructed the jury pursuant to CALJIC No. 16.005. For reasons we will discuss, we affirm.

Statement of Facts

An undercover narcotics officer answered an official call to check out suspicious activity at a Salinas location. Responding to the call, the officer found an unlighted van parked in front of defendant’s home. After a few minutes’ observation, the officer saw a man leave the van. As the officer approached, the man tossed an object into nearby bushes. The officer retrieved the object, which turned out to be several syringes with needles and needle sheaths attached. The officer testified the man showed symptoms of being under the influence of a controlled substance. The man’s arm showed signs of a recent injection, which the officer believed had occurred immediately before the man’s exit from the van.

As the…