P.

P. v. Chavez CA5

Good Law
Court of Appeal of CaliforniaMarch 29, 2013F063170California4,184 words

Opinion

Opinion

INTRODUCTION

Appellant/defendant Imelda Chavez was charged and convicted of count I, felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); and count II, misdemeanor possession of narcotics paraphernalia (Health & Saf. Code, § 11364, subd. (a)). She was placed on probation. On appeal, defendant contends the court erroneously admitted evidence of her admission that she previously used methamphetamine, and defense counsel was prejudicially ineffective for failing to request a limiting instruction as to the jury‟s consideration of her admission. Defendant further argues the court had a sua sponte duty to give the unanimity instruction. We will affirm.

FACTS

On December 15, 2009, Madera Police Officer Matthew McCombs was dispatched to a residential area to investigate a possible burglary. While investigating that case, the neighbors reported a large amount of suspicious activity and constant foot traffic at a particular residence there. McCombs determined that Agapito Obregon, a probationer, lived in a converted garage behind that particular residence. Officer McCombs went to Obregon‟s residence and made contact with him. He entered the property to look for…

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