People v. Decker CA3

I. BACKGROUND

In October 2019, defendant was charged with possession of methamphetamine for sale (Health & Saf. Code, § 11378—count one), possession of marijuana for sale (Health & Saf. Code, § 11359, subd. (b)—count two), transportation of methamphetamine for sale (Health & Saf. Code, § 11379, subd. (a)—count three), transportation of marijuana for sale (Health & Saf. Code, § 11360, subd. (a)(3)—count four), possession of narcotics paraphernalia (Health & Saf. Code, § 11364—count five), and driving with a suspended license (Veh. Code, § 14601.1, subd. (a)—count six). It was further alleged that defendant had suffered two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12), and had served four prior prison terms (§ 667.5, subd. (b)). The following evidence was adduced at trial. On April 5, 2019, Elk Grove police officer Kenneth Welter responded to a call around 9:30 p.m. of a white BMW station wagon driving recklessly. He located the car stopped at a red light without its headlights on, which was a Vehicle Code violation. Based on the violation, Officer Welter initiated a traffic stop. Defendant, the driver and sole occupant of the vehicle, eventually pulled over in a…