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People v. Garcia11/27/2002
James Bisnow, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Robert P. Whitlock and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.
INTRODUCTION
Appellant Atanacio G. Garcia pleaded guilty to felony possession of methamphetamine and misdemeanor driving under the influence of methamphetamine. He requested the trial court place him on probation and order treatment pursuant to the provisions of Proposition 36, the Substance Abuse and Crime Prevention Act of 2000 (Pen. Code, § 1210 et seq.). The court denied appellant's request having determined he was not eligible for probation and treatment under Proposition 36, because his conviction for driving under the influence of methamphetamine was a "misdemeanor not related to the use of drugs" within the meaning of section 1210.1, subdivision (b)(2). On appeal, appellant asserts his misdemeanor conviction involved the "simple possession or use of drugs" and did not render him ineligible under Proposition 36. We will affirm.
FACTS
On August 23, 2001, Kings County Sheriff's Deputy Brandt was on patrol when he observed a vehicle swerve across a traffic lane and cross over the center divider line. When Deputy Brandt conducted the traffic stop, the vehicle stopped in the middle of the road. Deputy Brandt approached the driver's side window and smelled the odor of an alcoholic beverage from the vehicle. Appellant Atanacio Garcia was the driver, and Mario Garcia was sitting in the front passenger seat. Deputy Brandt observed an open bottle on the floorboard of the front passenger seat between Mario Garcia's legs. Deputy Brandt also noticed appellant was rolling a ball of aluminum foil between his thumb and forefinger.
Deputy Brandt determined appellant's driver's license had been suspended, and questioned him about his consumption of alcohol. Appellant denied he had been drinking. However, appellant displayed obvious signs of being under the influence when he stepped out of the car. Appellant denied he had ever been arrested, but later admitted he had previously been arrested for being under the influence of a controlled substance. Appellant also admitted he used crank two days earlier.
Deputy Brandt conducted field sobriety tests and determined appellant was under the influence of a controlled substance, specifically a stimulant. Appellant consented to a search of the vehicle, which revealed a 12-pack of beer, an open beer bottle, and a cigarette package containing a small plastic bindle. The bindle contained a substance which appeared to be marijuana. Deputy Brandt also found a white rock, which consisted of 6.0 grams of methamphetamine.
Appellant was arrested, transported to the Kings County Sheriff's Department, and advised of the warnings pursuant to Miranda v. Arizona (1966) 384 U.S. 436. Appellant stated he had last used methamphetamine two or three days earlier, but the methamphetamine in the vehicle did not belong to him. Appellant submitted a urine sample and it was later determined appellant was under the influence of methamphetamine.
Appellant was charged with multiple narcotics offenses, but pleaded guilty to felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and misdemeanor driving under the influence of a controlled substance, methamphetamine (Veh. Code, § 23152, subd. (a)), with two prior convictions for driving under the influence. Appellant requested the court to place him on probation and order treatment pursuant to Proposition 36. The court refe
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