P. v. Price
After jury trial, defendant and appellant Louis Rudolph Price, Jr., was convicted of two counts of possession of a controlled substance. (Health & Saf. Code, § 11350.) In a bifurcated proceeding, the court found true an allegation that appellant had suffered a prior "strike" conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and three allegations that appellant had served a prior prison term. (Pen. Code, § 667.5, subd. (b).) He was sentenced to a total of 7 years in state prison.
The evidence at trial was as follows:
Los Angeles Police Officer Jesus Toris was patrolling the area around San Julian Street in downtown Los Angeles, an area known for sale and consumption of cocaine base. He saw appellant approach a woman, engage in a conversation with her, accept money from her, then take out a piece of plastic wrap and hand her a substance which appeared to be cocaine base. She put it in her mouth and left. Seven to ten minutes later, after attempting to find and detain the woman, Officer Toris observed appellant engage in a similar transaction with a man. Officer Toris attempted to find and detain the man. He could not find the man, and so approached appellant, who dropped plastic wrap containing cocaine base on the sidewalk. Testing later confirmed that the substance on the plastic wrap was cocaine base.
Officer Victor Campbell, Officer Toris's partner, testified similarly, though not identically.
Comments on P. v. Price