P.

P. v. Gratton CA2/5

Good Law
Court of Appeal of CaliforniaMarch 12, 2013B238493California2,931 words

Opinion

Opinion

I. INTRODUCTION

A jury convicted defendant, Richard Alan Gratton, of methamphetamine possession (Health & Saf. Code, § 11377, subd. (a)) and methamphetamine possession in a jail (Pen. Code,1 § 4573.6). Defendant possessed the methamphetamine on May 21, 2011. Defendant was acquitted of a remaining methamphetamine possession count. Six prior separate prison term one-year enhancements were imposed. (§ 667.5, subd. (b).) Defendant was sentenced on January 4, 2012, to 10 years, 8 months in the county jail. (§ 1170, subd. (h)(2).) We modify the judgment to award defendant 178 days of actual presentence custody credit and 178 days of conduct credit. In all other respects, the judgment is affirmed.

II. THE EVIDENCE

On May 21, 2011, defendant was a passenger in a black Ford Mustang that was stopped by a sheriff’s deputy. Defendant was questioned by Deputy Jason Goedecke. Defendant admitted he was on parole for a drug conviction. During a parole search of defendant’s person, Deputy Goedecke found a motel room key. Defendant said he had been staying in the motel room for several days. During a parole compliance search of the motel room, Deputy Goedecke found a glass methamphetamine pipe…

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