People v. Hardin CA5

INTRODUCTION

A jury convicted Steven Travis Hardin (defendant) of multiple counts including unlawfully transporting a controlled substance for sale (Health & Saf. Code, § 11379, subd. (a); count 1) and possession of a controlled substance for sale (id., § 11378; count 2) after police found over 60 grams of methamphetamine in the car defendant was driving and defendant admitted the drugs were his. The trial court also found true strike enhancement allegations as to those counts and two prior prison term enhancements. On appeal, defendant argues the trial court erred in permitting the prosecution’s expert witness to opine on whether defendant possessed and transported the methamphetamine for sale. He also argues his prior prison term enhancements should be struck due to the passage of Senate Bill No. 136 (2019–2020 Reg. Sess.) (Senate Bill No. 136). We will strike defendant’s two prior prison term enhancements. We otherwise affirm defendant’s convictions.

FACTUAL BACKGROUND

In February 2019, Kern County Sheriff’s Deputy Timothy Findlay stopped a Honda Civic with three occupants including defendant (the driver) and his girlfriend, Carrielee Stacy. Deputy Findlay initiated a felony…