P.
P. v. Pickens CA6
Opinion
Opinion
Grover, J.
I. INTRODUCTION
On March 23, 2011, the Santa Cruz County Sheriff’s Narcotic Enforcement Team executed a search warrant for defendant Dave Allen Pickens, his residence, and his vehicle. The search yielded a cell phone in defendant’s pants pocket, three half-height sandwich bags in his shirt pocket, a functioning digital scale in a shed, 0.6 grams of methamphetamine and a methamphetamine pipe in a case in the headboard of a bed, and 29.2 grams of methamphetamine concealed in another half-height sandwich bag in defendant’s underwear. Defendant exhibited symptoms of methamphetamine use. During the course of the search, defendant waived his rights and, as more evidence was discovered, eventually admitted that he had returned to selling and using methamphetamine because so many people were asking him for it. An information filed on August 31, 2011, charged defendant with the felonies of transporting (count 1; Health & Saf. Code, § 11379, subd. (a)) and possessing methamphetamine for sale (count 2; id. § 11378) and the misdemeanor of being under its influence (count 3; id. § 11550, subd. (a)) after having served two prison terms for felony convictions in 1998 (Veh. Code, § 23152,…