People v. Alvarez CA2/5

I. INTRODUCTION

Defendant Douglas Alvarez appeals from the trial court’s denial of his Penal Code section 1170.951 petition for resentencing. We affirm.

II. BACKGROUND2

“Annice Waldrop [was] sitting in a car with [Charles] Keaton [(the victim) near] Westlake and Maryland Streets [o]n the afternoon of November 20, 2001. [The victim] wanted to purchase drugs before they left. []Aguilar approached the car and asked if they wanted to buy something. []Waldrop said, ‘“A nickel.”’ As soon as []Aguilar stepped toward the car with the cocaine base in his hand, police officers came out of the alley. []Aguilar dropped the cocaine base to the ground. [The victim] began eating crackers. The officers ordered []Aguilar to the sidewalk area [and] . . . told [him] to turn around and put his hands on his head. [¶] “One of the officers approached the car . . . [and] asked [the victim] and []Waldrop what they were doing. They told the officer they were trying to sell []Aguilar a Walkman. The officer asked, ‘“What else are you guys doing?”’ The officer shined his flashlight on the ground, stating, ‘“Well, what is that?”’ [The victim] told the officer it was part of the crackers he was…