P.
P. v. Castleman CA1/1
Opinion
Opinion
Margulies, J.
I. BACKGROUND
Defendant was charged in an amended information, filed December 15, 2010, with possession for sale of heroin (Health & Saf. Code, § 11351), sale or transportation of heroin (Health & Saf. Code, § 11352, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and providing false information to a police officer (Pen. Code, § 148.9, subd. (a)). Each of the drug-related counts also alleged three prior serious felony convictions (Pen. Code, § 667, subds. (b)–(i)) and five prior prison terms (Pen. Code, § 667.5, subd. (b)). All three prior serious felony convictions were for robbery (Pen. Code, § 211; Pen. Code, former § 213.5; see People v. Colbert (1988) 198 Cal.App.3d 924, 926 & fn. 1), one dating from 1986 and the two others from 1992. The drugs were found on defendant’s person during searches conducted after he was detained on suspicion of a probation violation and placed in the back seat of a police car. Defendant’s defense was based on the testimony of his girlfriend, who claimed she had placed the drugs on him when she was permitted by police to embrace him in the police car. When the parties first appeared for trial on December 13,…