P.

FACTS AND PROCEDURE

On November 6, 2011, sometime after 9:30 p.m., Hemet Police Officer McNish

arrested defendant at a motel in Hemet known for drug use and prostitution. Outside on

the ground under the open bathroom window of the motel room where defendant and

another person were, police found plastic bags containing methamphetamine, a syringe,

and a scale. Inside the motel room they found a tin containing another scale and another

plastic bag containing methamphetamine. Inside defendant’s car, officers found another

syringe and a scale similar to the one found in the motel room.

On November 9, 2011, the People filed a felony complaint alleging defendant

possessed methamphetamine for sale (Health & Saf. Code, § 11378) and possessed a

hypodermic needle (Bus. & Prof. Code, § 4140). The People also alleged defendant had

two prison priors (Pen. Code, § 667.5, subd. (b)) and a “strike” prior (Pen. Code, §§ 667,

subds. (c) &(e)(1), and 1170.12, subd. (c)(1).1

After the preliminary hearing held on January 19, 2012, the trial court held

defendant to answer.

On January 31, 2012, the People filed an information charging defendant, as in the

complaint, with possessing…