People v. Singh

• Decision Date: 10 February 2016
• Docket Number: C077348
• Court: California Court of Appeals
• Parties: THE PEOPLE, Plaintiff and Respondent, v. PRAVINDAR PREM SINGH, Defendant and Appellant.

THE PEOPLE, Plaintiff and Respondent, v. PRAVINDAR PREM SINGH, Defendant and Appellant.

C077348

COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento)

February 10, 2016

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. 10F06920)

Appointed counsel for defendant Pravindar Prem Singh asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) After reviewing the record, we shall modify the judgment to include certain mandatory assessments. In all other respects, the judgment is affirmed.

In accordance with People v. Kelly (2006) 40 Cal.4th 106, we will provide a summary of the offenses and the proceedings in the trial court.

About 3:15 p.m. on October 18, 2010, California Highway Patrol Officer Michael Salazar stopped a car for a traffic violation. The officer approached defendant, the driver and only occupant, and could smell marijuana coming from inside the car. When asked if there was marijuana in the car, defendant responded that there was some in the center console and that he had a medical marijuana card. Defendant claimed the car belonged to him but his sister had purchased it for him. When defendant got out of the car, the officer saw a digital scale on the driver's seat. From the center console, the officer retrieved two baggies of marijuana, weighing 8.12 grams and 9.35 grams. Defendant claimed he used the scale to measure the marijuana before smoking it. On the backseat, the officer found a backpack containing two bags of marijuana weighing 75 grams and 108 grams, empty baggies, scissors, six cell phones, pay/owe sheets, binoculars, and $580 in cash (two $100 bills and the rest in twenties). The officer did not find any drug paraphernalia suggesting personal use, such as a lighter, rolling papers, or a bong. Defendant was not under the influence.

An expert opined two of the papers found in defendant's car were consistent with pay/owe sheets for the sale of marijuana and the two bags of marijuana from the backpack contained a large amount of bud that had the highest concentration of THC. Some of the empty baggies were fold-and-seal bags that concealed odor, and the digital scale was commonly used by drug dealers. The packaging of the marijuana found in defendant's car was not consistent with packaging by medical marijuana dispensaries. The value of the 200 grams of marijuana was $2,100 and it was an unlikely amount to be carried at one time by a medical marijuana user. Based on a hypothetical, the expert opined the marijuana was possessed for sale.

Defendant obtained a medical marijuana recommendation from Dr. David Allen on November 14, 2009, and it was valid for one year. Dr. Allen recommended that his patients eat marijuana "raw" because smoking it was the least effective. Dr. Allen believed one gram a day was a minimal dosage and three to five grams would be used each time when ingested as tea. Defendant used medical marijuana for pain suffered as a result of a car accident. He ingested marijuana in tea and used between four and fivegrams at a time. He also smoked marijuana with his friend, Krishneel Ram, who smoked marijuana for cancer and who lived with defendant and family members.

Defendant claimed the car he had been driving was registered to his sister and his car was in the shop. Defendant's girlfriend thought the car defendant had been driving belonged to defendant's mother and several people drove it. Defendant admitted the marijuana in the center console belonged to him, it was for his personal use, and he had smoked some that morning. Defendant admitted the scale belonged to him. The backpack with the bags of marijuana did not belong to him and he did not know to whom the backpack or marijuana belonged. Other than the iPhone, the cell phones did not belong to him either. He denied ownership of the scissors, binoculars, and pay/owe sheets. He claimed the money belonged to him, having received the two $100 bills as birthday gifts and the rest was money he earned from his landscaping job.

On cross-examination, defendant admitted a 2007 conviction for felon in possession of a firearm and a 2012 conviction for assault with a semiautomatic firearm.

The second officer who had arrived on the scene, Officer Ernest Gumm, confronted defendant about the large bags of marijuana. Defendant claimed the marijuana was for his personal use, denying he was a medical care provider, and the pay/owe sheets related to finances on his car. Defendant admitted ownership of the scale and scissors. On cross-examination, Officer Gumm was asked about his prior testimony. At the preliminary hearing, the officer testified he did not ask defendant about the backpack or pay/owe sheets. Defendant testified he was in the backseat of the patrol car when the backpack was discovered and the officer did not ask him about the backpack or pay/owe sheets.

A jury convicted defendant of possession of marijuana for sale (Health & Saf. Code, § 11359; count one) and transportation of more than 28.5 grams of marijuana (Health & Saf. Code, § 11360,...