Toney

People v. Toney

Good Law
1999 Cal. App. LEXIS 1039·76 Cal. App. 4th 618·90 Cal. Rptr. 2d 578·99 Daily Journal DAR 12077·99 Cal. Daily Op. Serv. 9397
Court of Appeal of CaliforniaNovember 30, 1999B130777California1,345 words

Opinion

Opinion

Coffee, J.

Appellant challenges the sufficiency of the evidence supporting his felony child abuse conviction. We affirm.

Facts and Procedural History

Sheriff’s Deputy Michael Thompson was on duty at 10:30 p.m. in East Lancaster. He saw appellant driving a white Toyota in front of him with expired tags. After running a check, he discovered its registration had been expired for over a year. Thompson made a lawful traffic stop in which appellant consented to a search that yielded a small quantity of marijuana. He was arrested.

A search of appellant’s car revealed a cellophane wrapper in the ash tray which contained a small amount of methamphetamine (0.223 grams) and a Ziploc baggie on the driver’s seat that yielded a small amount of cocaine base (0.0942 grams). Thirty-six boxes of pseudoephedrine cold medicine and three bottles of iodine tablets were found in the trunk.

A search of appellant’s residence pursuant to a warrant revealed a “fume trap,” in the living room: a five-gallon plastic bucket containing cat Utter and tubing, designed to absorb deadly fumes released during the manufacture of methamphetamine. In the dining room was a cardboard box, which held a container of…

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