People v. Graves-Wright CA1/1

I. BACKGROUND

A. Pretrial Proceedings Defendant was charged by felony complaint with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 1) and misdemeanor possession of a smoking device (Health & Saf. Code, § 11364.1, subd. (a); count 2). The complaint further alleged in connection with count 1 that defendant had suffered a prior conviction for which she served a prison term ending within five years of the charged offense. (Pen. Code,1 § 667.5, subd. (b).) On May 3, 2013, following the conclusion of a preliminary hearing and denial of a motion to suppress pursuant to section 1538.5, defendant was held to answer on the charges. The hearing was held before Judge Mike Nail, a superior court judge sitting as a magistrate. Judge Nail proposed, and the parties agreed, to deem the complaint an information, and to proceed forthwith with the arraignment. Defendant pleaded not guilty to both charges and denied the alleged prior conviction and prison term. Defendant’s jury trial began on August 19, 2013, with superior court Judge Robert Bowers presiding. Prior to trial, the defense moved in limine to exclude (1) evidence of defendant’s prior criminal record and (2)…