People v. Aguilera CA2/8

FACTS

On November 12, 2013, Deputy Carlos Lopez of the Los Angeles County Sheriff’s Department conducted a routine vehicle traffic stop for failing to signal when turning. The vehicle pulled over in a commercial district near a medical building. Deputy Lopez was joined by Deputy Robledo who came to the scene in a separate patrol vehicle. Both deputies got out to investigate. Deputy Lopez approached on the driver’s side while Deputy Robledo approached from the passenger side. At that point, Deputy Lopez observed Aguilera standing adjacent to the stopped vehicle about 25 feet away. Aguilera looked in Deputy Lopez’s direction, appeared nervous, and started to walk away. As he did so, Aguilera tossed an object onto the sidewalk. Deputy Lopez described the object as a bindle. Deputy Lopez recovered the bindle. He found within a plastic baggie containing a crystal-like substance. The substance was 0.07 grams of crystalline solid containing methamphetamine.

1 All undesignated statutory references are to the Penal Code unless otherwise noted.

DISCUSSION

I. Claim of Prosecutorial Misconduct

The prosecutor gave a short opening statement. She informed the jury as follows: “This…