Jimenez

People v. Jimenez

Good Law
1995 Cal. App. LEXIS 245·33 Cal. App. 4th 54·39 Cal. Rptr. 2d 12·95 Daily Journal DAR 3346·95 Cal. Daily Op. Serv. 1963
Court of Appeal of CaliforniaMarch 15, 1995B083094California2,754 words

Opinion

Opinion

Johnson, J.

Defendant appeals from the judgment following his conviction of selling a controlled substance, cocaine. We affirm.

Facts and Proceedings Below

While on bicycle patrol on a clear, sunny morning in October 1993, Officers Flynn and Gale observed what they believed to be a narcotics sale in a residential driveway. Flynn saw defendant and another man, Smith, standing in the driveway. Smith handed defendant currency which was folded in half. Defendant took the money in his left hand and, with his right hand, gave Smith a small plastic baggie. The officers approached the two men, identified themselves and placed them under arrest. Officer Flynn recovered the baggie which was later determined to contain rock cocaine. He also recovered a $20 bill and four $1 bills which defendant was holding in his left hand at the time of his arrest. This currency was not introduced into evidence at trial.

Following the arrest Flynn used a measuring tool to determine the distance between the place where defendant had been standing in the driveway and a nearby elementary school. He determined the place where the cocaine sale took place was within 1,000 feet of the school. The school was open…

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