People v. Lewis CA5

INTRODUCTION

Appellant and defendant, Melvin Charles Lewis, was charged in an amended information filed on September 3, 2010, with transporting cocaine base (Health & Saf. Code, § 11352, subd. (a), count 1) and possessing cocaine base for the purpose of sale (Health & Saf. Code, § 11351.5, count 2). The amended information further alleged that defendant had two prior convictions within the meaning of Health and Safety Code section 11370.2, subdivision (a) and a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). Defendant’s first trial ended on October 14, 2010, with a mistrial. Defendant’s retrial began on October 1, 2012. On October 3, 2012, the trial court denied defendant’s motion for a mistrial. On October 9, 2012, the jury convicted defendant of both counts. In a bifurcated proceeding, defendant waived his constitutional rights and admitted the enhancement allegations. On January 4, 2013, the trial court sentenced defendant to a total term of 11 years in county jail. Defendant was awarded 289 days of presentence custody credits. Defendant contends on appeal that the trial court abused its discretion in denying his motion for mistrial based on the arresting…