Quiroga

Armando Chris Quiroga (hereafter appellant) appeals a judgment of conviction after a jury trial for charges of possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and resisting a peace officer (Pen. Code, § 148). The court placed him on probation for 3 years and ordered him to serve 180 days in county jail with credits of 163 days for time served.

The prosecution rested its case chiefly on the testimony of Greg Stefani, a Ukiah Police Department officer. About 2:30 a.m. on May 1, 1992, Officer Stefani responded to a report of a noisy party in an apartment complex near Ukiah. After waiting for two other officers to join him, he knocked, and a woman opened the door. He then saw another woman sitting on the floor as a man handed her “what appeared to ... be a marijuana cigarette.” He could “smell the odor of marijuana.” Walking into the room, he asked for the marijuana cigarette.

At this point, appellant stood up from a couch and started to walk into the hallway. “Mostly for safety reasons,” Officer Stefani ordered him to sit back down on the couch. Appellant argued before complying with the order. In Stefani’s words, “Mr. Quiroga was very uncooperative telling…