P.

P. v. Lusk CA2/3

Good Law
Court of Appeal of CaliforniaMarch 14, 2013B237125California3,627 words

Opinion

Opinion

BACKGROUND

Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. On the evening of May 19, 2011, Los Angeles County Deputy Sheriff Marcos Rosales saw defendant Lusk standing in front of a house on West Cienega Avenue in San Dimas. After making eye contact, Lusk tried to hide behind a low wall. Rosales noticed one of the windows in the house was broken and he thought Lusk might be involved in a burglary, so he exited his patrol car to investigate. Lusk told Rosales he was on parole and had come to visit a friend, although he could not give Rosales the friend’s name. A young woman, Jessica, was slouching down in the driver’s seat of an SUV parked nearby. Rosales ordered Jessica out of the vehicle. Because Lusk was sweating, agitated and his pupils were dilated, Rosales believed he might be under the influence of a controlled substance. After administering some tests, Rosales concluded Lusk was under the influence of methamphetamine. Lusk said he had used methamphetamine a day earlier. Lusk said Jessica had given him a ride to the house. Asked if anything in the SUV…

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