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People v. Patnode8/11/2005
JUDGMENT AFFIRMED, SENTENCE VACATED, AND CASE REMANDED WITH DIRECTIONS
Webb and Graham, JJ., concur
Defendant, Michael John Patnode, appeals from the judgment of conviction entered on a jury verdict finding him guilty of one count of possession of a schedule II controlled substance (methamphetamine) with intent to distribute and one count of resisting arrest. He also appeals his sentence as a habitual offender. We affirm the conviction, vacate the sentence, and remand for further sentencing proceedings.
On December 6, 2001, the Larimer County Drug Task Force was conducting surveillance of defendant and defendant's friend at the friend's home. After the Task Force observed several vehicles stop briefly at the home in a thirty-five minute period, defendant and his friend left the home in defendant's 1975 Corvette.
Pursuant to a prior arrangement, the Task Force had two Fort Collins traffic patrol officers follow the Corvette in two marked patrol cars with instructions to pull the Corvette over if they observed any traffic infractions and perfect an arrest if possible. The arresting officer observed defendant speeding and changing lanes without signaling. On this basis, he pulled the Corvette over and made contact with defendant and the friend. The assisting officer arrived shortly thereafter.
After stopping the Corvette, the arresting officer asked defendant to produce his license, vehicle registration, and proof of insurance. Defendant, who was angry, nervous, and belligerent, was unable to produce the registration or correct proof of insurance for the Corvette. The arresting officer then asked defendant to step out of the car and, after conducting a protective pat-down of defendant's clothing, arrested defendant for his failure to provide correct proof of insurance, an arrestable offense.
The two traffic officers then attempted to place defendant in the back seat of the patrol vehicle. Defendant lunged at one of the officers and then had to be forcibly placed in the patrol vehicle.
The assisting officer then conducted a search of the passenger compartment of the Corvette. The officer found a black fanny pack in the center console of the front seat, which pack, in turn, contained several baggies that appeared to contain methamphetamine, a glass pipe, another pipe wrapped in plastic bubble wrap, and a small digital scale. A subsequent inventory search of the vehicle produced a cigarette package containing what appeared to be more methamphetamine and a record of drug transactions, both found elsewhere in the passenger compartment.
At the police station, the arresting officer advised defendant, both orally and with a consent form, of his constitutional rights pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Defendant refused to sign the consent form and stated that he would "never" waive his rights. At the same time, however, he asked the arresting officer whether he could speak to him "man to man."
In the ensuing conversation, defendant stated that he wanted to turn his life around. When the officer mentioned that working with the Task Force could be an option for him, defendant interrupted the officer and said, "I like what I do. I'm good at what I do." After the officer asked him what that meant, defendant stated, "Come on, let's not insult each other's intelligence."
At this point, a detective with the Task Force entered the room with the evidence of the drugs gathered from the inventory search of the Corvette and advised defendant of the charges that would be filed against him. To this, defendant responded, "You think this is big time. This ain
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