People v. Wallace CA6

I. INTRODUCTION

Defendant David Nelson Wallace appeals after a jury convicted him of possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a).) The trial court found true allegations that defendant had two prior convictions that qualified as “strikes” (§§ 667, subds. (b)-(i), 1170.12) and an allegation that defendant had served one prior prison term (§ 667.5, subd. (b)). At the sentencing hearing, the trial court dismissed one of the strikes and struck the prior prison term allegation, imposing a 32-month sentence. On appeal, defendant contends the trial court gave an erroneous instruction on the defense of transitory possession. (See People v. Martin (2001) 25 Cal.4th 1180, 1182 (Martin); People v. Mijares (1971) 6 Cal.3d 415, 422 (Mijares).) Defendant also requests that this court independently examine the in camera proceedings related to his Pitchess motion (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)). For the reasons explained below, we will affirm the judgment.

II. BACKGROUND

A. Defendant’s Arrest At about 3:47 p.m. on June 28, 2013, Santa Clara County Sheriff’s Deputy Joseph Piazza was on patrol, driving his police vehicle. He…