P. v. Lee
Defendant John Henry Lee entered a plea of no contest to possession of cocaine (Health & Saf. Code, 11350, subd. (a)), receiving stolen property as a misdemeanor (Pen. Code, 496, subd. (a)),[1]and misdemeanors of resisting a peace officer (id., 148, subd. (a)(1)) and providing false identification (id., 148.9, subd. (a)). Defendant waived his right to a jury trial, and the trial court found allegations true that he had served four prior prison terms (id., 667.5, subd. (b)) and had a prior strike conviction (id., 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). According to facts set forth in the probation report, the charges stemmed from an incident in which defendant attempted to sell a stolen cell phone back to its owner. When a sheriffs deputy approached him at a prearranged meeting place, defendant pulled free from the deputy and ran. After defendant was tazed to secure his compliance with being handcuffed, he was taken to a hospital, where he falsely identified himself to hospital staff. At the hospital, defendant was found to have a white chunk of cocaine clenched in his fist, and later at the jail, another baggie containing a white chunky substance was found in his sock.
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