P.

P. v. Wenthe CA4/2

Good Law
Court of Appeal of CaliforniaMay 8, 2013E055536California2,145 words

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…

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