Scalzi

John Scalzi appeals from a judgment entered on jury’s verdicts finding him guilty of feloniously conspiring to sell methamphetamine (Pen. Code, § 182, subd. 1) and possession of methamphetamine for sale (Health & Saf. Code, § 11378). The Honorable Ellis R. Randall, judge, in the course of suspending the imposition of “judgment and sentence” stated: “I’m not going to require any jail time because as I say, I believe his story. That he went over to that place to borrow some money, and he just happened to be coming in at the wrong time. And the young lady and Mr. McDaniel were really the participants in this case. So you get your break, and see that you don’t get into any problems like this again, okay?”

The “place” referred to in the above quote is 2 Idora Street, Vallejo, the home of friends and coarrestees, Kathy and Robert McDaniel. The “wrong time” is a reference to the fact that approximately 15 minutes after appellant was admitted and seated at the dining room table, Undercover Officer Jaksch, in the company of several other officers, unexpectedly entered the premises to execute arrest and search warrants for the McDaniels and their residence. At the time of the…