P.
P. v. Wenthe CA4/2
Opinion
Opinion
INTRODUCTION
Defendant Erick Jerome Wenthe appeals his conviction for possession of
methamphetamine for the purpose of sales (Health & Saf. Code, § 11378), arguing that
the trial court abused its discretion by admitting evidence of his prior conviction for the
same offense. He also points out that the sentencing minute orders must be corrected to
show that a six-month enhancement imposed for one of his misdemeanor counts was to
run concurrently, not consecutively. We will affirm the conviction and order the record
corrected.
FACTS AND PROCEDURAL HISTORY
On November 28, 2010, Riverside County Sheriff’s Deputy Sean Denham
encountered defendant in a parked car in the Woodcrest area of the county. In a lawful
search, Denham found a total of four baggies of methamphetamine, three hypodermic
syringes with attached needles, a scale, a glass pipe for smoking methamphetamine, a
separate plastic baggie containing cotton swabs covered with crystals of
methamphetamine, and additional crystals of methamphetamine scattered on the floor of
the vehicle. Three of the baggies each contained more than four grams (known as “eight
balls”) of methamphetamine. Defendant told Denham that…