People v. Neiderbrach CA3

BACKGROUND

Facts of Defendant’s Conviction On August 17, 2012, Manteca Police Sergeant Chris Mraz was working narcotics enforcement. As she drove, she saw defendant, with whom she was “very familiar,” coming toward her from the opposite direction on a bicycle. She called out, “John, come here. I want to talk to you.” Defendant rode past her truck and made a U-turn. As Mraz watched him in her mirror, he reached down into his pocket, removed a baggie, dropped the baggie onto the street, and then rode up alongside her truck. The discarded baggie was later determined to contain 3.55 grams of methamphetamine. Defendant denied knowing anything about the drugs. At trial, the People’s drug expert testified to finding indicia of packaging for sale in defendant’s residence. The amount of methamphetamine found, 3.5 grams--commonly referred to as an “eight ball” and typically containing at least 35 doses--was also significant because it is a popular weight to sell. Defendant’s cell phone contained several text exchanges which the expert believed to concern methamphetamine dealing. Based on the totality of the circumstances, the expert testified defendant possessed the methamphetamine for…