Baldine

People v. Baldine

Good Law

114 Cal. Rptr. 2d 570·2001 Cal. App. LEXIS 3371·2001 Daily Journal DAR 13140·94 Cal. App. 4th 773·2001 Cal. Daily Op. Serv. 10584

Court of Appeal of CaliforniaDecember 20, 2001C037704California1,984 words

Opinion

Morrison, J.

A jury convicted defendant Richard John Baldine of transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and possession of marijuana for sale (Health & Saf. Code, § 11359). In a bifurcated proceeding, the jury found true an attempted robbery strike allegation (Pen. Code, §§ 664/211, 667, subds. (b)-(i), 1170.12) and two prison term allegations (Pen. Code, § 667.5, subd. (b)). Defendant was sentenced to state prison for eight years.

On appeal, defendant contends: (1) the jury was erroneously instructed with CALJIC No. 17.41.1; (2) his new trial motion based on jury misconduct was erroneously denied; and (3) the misconduct violated his Sixth Amendment confrontation rights. We shall affirm the judgment.

Facts

Prosecution case-in-chief

On April 3, 2000, Tracy Police Officer Tomas Ribota conducted a traffic stop of Jennifer Pesout for a Vehicle Code violation. Defendant was a passenger in Pesout’s car. When it was discovered that Pesout did not have a valid driver’s license and had an outstanding warrant, she was arrested. Because defendant’s driver’s license had expired, and no other driver was available, Ribota decided to impound the car. Defendant was…

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