P.

P. v. Everett CA4/2

Good Law
Court of Appeal of CaliforniaMay 29, 2013E055721California2,744 words

Opinion

Opinion

INTRODUCTION

A jury convicted defendant Jamil Urail Everett of possession of methamphetamine

1 (Health and Saf. Code, § 11377;1 count 1); being a felon in possession of a firearm

(§ 12021, subd. (a)(1)); and possession of a false driver’s license (§ 529.5, subd. (c);

count 3). The jury also found true, as to counts 1 and 2, allegations that defendant

committed the crimes while released on bail (§ 12022.1). Defendant admitted he had one

prison prior (§ 667.5, subd. (b)). The trial court sentenced defendant to eight years four

months in prison.

Defendant contends on appeal that the trial court abused its discretion in denying

his motion to continue the trial. Defendant also asserts that the trial court committed

reversible error in admitting into evidence a jailhouse audio recording and his statement

given to the police while he was in the hospital. We reject defendant’s contentions and

affirm the judgment.

II

FACTS

On April 7, 2011, at approximately 7:00 p.m., the San Bernardino County

Sheriff’s Department attempted to initiate a traffic stop in furtherance of executing an

outstanding arrest warrant on defendant. Defendant was a passenger in a vehicle driven

by…

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