People v. Garza CA5

INTRODUCTION

Following a jury trial, appellant Jose Garza was convicted of felony unlawful possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 1), and misdemeanor unlawful possession of paraphernalia used for smoking a controlled substance (Health & Saf. Code, § 11364.1, count 2). Appellant was sentenced to county jail for an aggregate term of four years and four months, with credit for time served.1 In addition, he was sentenced to 30 days in custody with 30 days credit for time served for count 2. On appeal, appellant contends there is insufficient evidence to support the jury’s finding that he possessed a usable quantity of a controlled substance, methamphetamine. We disagree and affirm the judgment.

FACTS

Prosecution Case-in-Chief On September 3, 2013, at approximately 2:20 a.m., Officer William Spears from the Madera Police Department observed appellant riding his bicycle without lights in violation of the Vehicle Code. Based on his observation, Office Spears initiated a traffic stop. As appellant got off his bicycle, Officer Spears noticed a bulge in appellant’s pocket. He asked appellant what the bulge was and appellant…