People v. Read CA1/1

BACKGROUND

We set forth the facts underlying defendant’s third-strike convictions in our opinion People v. Read (Oct. 23, 1997, A074751 [nonpub. opn.]). Both defendant and the Attorney General adopt this version of events, and we recite here pertinent portions thereof. (See People v. Trujillo (2006) 40 Cal.4th 165, 180, citing People v. Woodell (1998) 17 Cal.4th 448, 457; People v. Osuna (2014) 225 Cal.App.4th 1020, 1030 (Osuna).)

1 “On October 5, 1994, at approximately 2:30 p.m., police officers who were conducting surveillance outside of appellant’s residence, arrested appellant on an outstanding misdemeanor warrant for driving without a license. . . . [¶] San Francisco Police Sergeant Kern conducted a search incident to arrest. He found a bindle containing .58 grams of methapmhetamine in a pocket of appellant’s jeans. He also found a syringe in appellant’s left front pocket. . . . . The officers also searched the Cadillac appellant had been driving, which belonged to his girlfriend, Diane Arena. They found a syringe loaded with amber liquid on the seat of the car. . . . “Diane Arena emerged from the house to find out what was going on. Sergeant Flores informed her that…