P.

P. v. English CA5

Good Law
Court of Appeal of CaliforniaMarch 8, 2013F061375California6,658 words

Opinion

Opinion

Detjen, J.

FACTS

I

PROSECUTION EVIDENCE

Around 7:30 p.m. on May 15, 2010, Bakersfield Police Officers Bender and Paiz pulled into the parking lot of the Aneese Market, which is located in the 600 block of Dr. Martin Luther King, Jr., Boulevard (MLK) in Bakersfield. Defendant, Michael Black, and a Mr. Mannings were standing about 20 feet east of the store‟s front doors. Bender saw defendant extend his right arm and place a small, dark object into Mannings‟s extended hand. Mannings immediately began walking quickly away from the patrol car while placing his hand into his right front pocket. Based on his training and experience, including his knowledge of regular narcotics activity at the Aneese Market, Bender believed he had witnessed a hand-to-hand narcotics transaction. Mannings was stopped and searched, and approximately one to two grams of high- quality marijuana were found in his front pocket. The marijuana constituted a usable amount, and had a street value of $20 to $40. Mannings was arrested. Defendant was also searched. Although he had no money on his person, currency was found on Black. On at least four or five occasions, most often in the same area of MLK, Bender had seen one…

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