People v. Vargas CA1/5

I. FACTS AND PROCEDURAL HISTORY

On May 21, 2020, appellant was pulled over by a police officer after he rode his motorcycle through a stop sign. During a search of his person (the legality of which was not contested) appellant admitted he was carrying drugs and a Ziplock baggie containing 1.93 ounces of methamphetamine was discovered in his pants pocket. Appellant was charged by information with felony possession of a controlled substance for sale in violation of Health and Safety Code section

1 11378. He was tried before a jury, where his defense was that the methamphetamine was intended for his own use, and was not possessed for sale. He testified that methamphetamine was much more difficult to purchase because of Covid-19, but he had obtained about 56 grams from a dealer who fronted him the money. The jury convicted appellant of misdemeanor simple possession of a controlled substance in violation of Health and Safety Code section 11377. At the sentencing hearing, appellant pled no contest to a misdemeanor charge of petty theft that was pending in a separate case. (Pen. Code, § 484.) He was placed on probation in both cases conditioned on his service of 10 days in county jail…