P. v. Barlow
Filed 6/7/06 P. v. Barlow CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| THE PEOPLE, Plaintiff and Respondent, v. JAMES TOURES BARLOW, Defendant and Appellant. | A107624 (Solano County Super. Ct. No. VCR164267) |
I. INTRODUCTION
A jury found James Toures Barlow guilty of cocaine base possession for sale and methamphetamine possession (Health & Saf. Code, §§ 11351.5, 11377, subd. (a)), but acquitted him on a count of auto theft. The court found true bifurcated allegations of a prior drug offense enhancement (id., § 11370.2, subd. (a)) and four prior strikes from a single conviction in 1985 (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).[1] Sentenced to an aggregate term of 28 years to life, Barlow claims erroneous denial of a new trial sought for jury misconduct, unconstitutional use of prior strikes that had not been brought and tried separately, cruel and/or unusual punishment, and ineffective assistance for trial counsel not raising the last two points below. We reject all claims.
II. FACTUAL AND PROCEDURAL BACKGROUND
It was stipulated at trial that a red Ford Mustang (license plate 4VZF480) was reported stolen on November 7, 2002, by its owner, Timothy McCutchen of Fresno, after the keys had been stolen from inside his home. All charges, including an unlawful taking or driving count (Veh. Code, § 10851, subd. (a)) on which jurors acquitted, arose from a stop of that car four days later, in Vallejo, as it was driven by Barlow.
Officer Jason Potts of the Vallejo Police Department spotted the Mustang soon after midnight and followed in his marked patrol car when it ran a stop sign at 15 to 20 miles per hour when turning onto a residential street. Seeing the officer turn to follow him, Barlow pulled into a driveway and stopped before the officer had activated his lights. Turning into a random driveway and getting out was, in Potts's experience, common for someone trying to avoid a stop. Barlow began to get out of the car, but Potts ordered him to stay put. Potts called in the Mustang plates and approached. Having past contacts with Potts, Barlow announced in effect: â€
