P.

BACKGROUND

An officer conducted a traffic stop on a car driven by defendant. Defendant‟s passenger, Jessie Peralez, was a validated and active Norteño gang member with a gang tattoo on his forearm. Defendant had the same gang tattoo on his fingers and he was wearing a red sweater, a common Norteño gang color. Defendant was on parole with a special no-gang condition. He previously admitted being a Norteño gang member. Defendant and Peralez were booked into county jail. At the time of booking, defendant had $191. When a sergeant arrived for work at the jail, he found on the ground a clear plastic bag with five Ziploc baggies containing a total of 6.9 grams of methamphetamine. A review of video surveillance at the jail revealed that defendant, who was handcuffed with his hands behind his back, dropped the bag with the methamphetamine as he was escorted inside the jail. Defendant waived his right to a jury trial. Following a bench trial, the trial court convicted defendant of possession of a controlled substance (methamphetamine) for sale (Health & Saf. Code, § 11378). The trial court found enhancement allegations true that defendant had a prior strike conviction for first degree…