McLemore

People v. McLemore

Good Law
1994 Cal. App. LEXIS 821·27 Cal. App. 4th 601·32 Cal. Rptr. 2d 687·94 Daily Journal DAR 11191·94 Cal. Daily Op. Serv. 6135
Court of Appeal of CaliforniaAugust 10, 1994Docket Nos. A061915, A061916California2,524 words

Opinion

Opinion

White, J.

A jury found Raymond Edward McLemore guilty of the sale of cocaine. (Health & Saf. Code, § 11352, subd. (a).) A separate jury found him guilty of petty theft. (Pen. Code, § 484.) In a bifurcated proceeding the court found he had suffered prior convictions for theft. (Pen. Code, § 666.) Defendant was sentenced on both convictions simultaneously. Defendant appealed from both judgments and this court granted his motion to consolidate the cases on appeal. We affirm the judgments.

Facts

Sale of Cocaine

At approximately 5 p.m. on May 7,1992, narcotics detectives Avon Dobie and Mitchell Peixoto of the Richmond Police Department were driving in an undercover van on Fourth Street in Richmond. Dobie observed defendant and another man, later identified as Freddie Blade, standing on the sidewalk near the park. Defendant reached into his right front pant pocket, took out several small white objects which looked like rock cocaine, and held them in the palm of his right hand. Blade chose one of the objects from defendant’s hand and gave him some money in exchange. Peixoto radioed for assistance.

Detectives Vaca and Miner, who had a description of defendant, arrived on the scene in a…

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