People v. Burkhart CA2/5

I. INTRODUCTION

A jury convicted defendant, Richard Byron Burkhart, of: two counts of methamphetamine possession for sale (Health & Saf. Code, § 11378); one count of methamphetamine transportation etc. (Health & Saf. Code, § 11379, subd. (a)); and one count of billy possession. (Pen. Code,1 § 22210 .) Defendant admitted he had served eight prior prison terms (§ 667.5, subd. (b)) and had a prior drug-related felony conviction. (Health & Saf. Code, § 11370.2, subd. (c).) Defendant was sentenced to 18 years and 4 months in the county jail. We modify the judgment and affirm as modified.

II. THE EVIDENCE

On June 9, 2012, defendant was arrested for possession of 3.27 grams of powder containing methamphetamine, a salable amount. Defendant did not appear to be under the influence of a controlled substance at the time of his arrest. He appeared to be completely sober. Nor was he in possession of any paraphernalia designed for controlled substance use. Three “throwing knives” were within defendant’s reach in the passenger compartment of the Suburban defendant was driving. An axe handle was attached by bungee cords to the Suburban’s engine. On September 5, 2012, Deputy Robert Gonzalez…