People v. Espinoza
People v. Espinoza
Opinion of the Court
*319Here we hold that Ident-A-Drug, an internet drug reference work, comes within the published compilation exception to the hearsay rule set forth in Evidence Code section 1340.
*648Jose Antonio Espinoza appeals his conviction by jury of possession of a controlled substance (methadone and clonazepam pills) in a jail facility ( Pen. Code, § 4573.6, subd. (a) )
Facts and Procedural History
On October 21, 2015, appellant entered the Ventura County jail as an inmate. Appellant asked an inmate for a latex glove, adjusted his crotch area, and put his hands down his pants. Ventura County Sheriff's Deputy Daniel James suspected that appellant was smuggling drugs into the jail.
Deputy James, Deputy Martin Nunes, and two other deputies escorted appellant to the shower area to conduct a visual search for drugs. Appellant was asked to disrobe, bend over, spread his butt cheeks, and cough. Appellant did not fully comply and was told to "quit messing around." Deputy James saw a film canister near appellant's rectum. He ordered appellant to hand it over.
*320Appellant opened the canister and tried to swallow an assortment of pills. Deputy James grabbed appellant's right hand and pushed him against a wall. Deputy Nunes spun appellant around and grabbed his chin to prevent appellant from swallowing the pills. Appellant clenched and raised his hands to fight. Deputy James punched appellant to gain "compliance." Appellant struggled with the deputies, causing injury to Deputy Nunes. Appellant was ordered to stop resisting but instead, kicked at the pills trying to scatter or crush them.
A total of 80 pills were collected and photographed. Using the "Drugs Identification Bible and Drugs.com" as a reference source, Deputy James determined that the pills were methadone and two types of clonazepam.
Regina Davidson, a criminalist at the Ventura County Sheriff's Forensic Services Bureau, examined the pills and used Ident-A-Drug, an internet drug reference work, to identify the pills. Based on the shape, color, and pill markings, Davidson opined that the pills were methadone and clonazepam.
Appellant offered no testimony to refute the evidence against him.
Sanchez
Appellant argues that Davidson's expert opinion testimony was testimonial hearsay and inadmissible under Sanchez. But he only objected on lack of foundation. He thus forfeited the hearsay/Sanchez objection. (See, e.g., People v. Perez (2017)
On the merits, there was no error. In Sanchez , supra ,
Relying on People v. Stamps (2016)
We need not opine on whether the analysis in Stamps , supra ,
Davidson stated that Ident-A-Drug is an authoritative reference, similar to the Physicians' Desk Reference and Drugs.com, and it is commonly used by experts in the field of forensic science. Davidson received special training in the use of Ident-A-Drug and explained how it helped her recognize the shape and marking on the pills. Where general background hearsay is concerned, the expert may testify about it so long as it is reliable and of a type generally relied upon by experts in the field. ( Sanchez , supra , 63 Cal.4th at pp. 685-686,
In Mooring , supra ,
Davidson testified that Ident-A-Drug is a reference guide and is part of the "literature ... that is available to doctors and hospitals and labs so they can identify tablets. ... [Y]ou ... look at the [pill] color, shape and markings and use the book for that." Davidson stated that Ident-A-Drug was an authoritative resource used by criminalists and that she was trained to use it at the San Bernardino County and Ventura County crime labs. Davidson explained that it is published both in book form and as an internet reference, and that she relied on it in identifying the pills as clonazepam and methadone. On cross-examination, Davidson admitted that no chemical analysis was made.
Appellant argues that Davidson did not testify that Ident-A-Drug was a subscription based, log-in controlled website. That is inconsequential. Davidson testified what Ident-A-Drug was, explained her training and use of the website, and stated that she used it as a reference source to identify the pills. The testimony established that it was an authoritative published compilation of generic drug data used by criminalists. ( Mooring , supra , 15 Cal.App.5th at p. 942,
Practical Wisdom With a Dose of Reality
This and other criminal cases we decide compel us to offer a few observations about how we arrive at our decisions in criminal cases. Of course we follow the statutory and case law. We also apply common sense and practical wisdom. The facts here lead to the reasonable conclusion that appellant tried to smuggle restricted dangerous drugs into the county jail in his "butt." The pills were not a home cure for hemorrhoids. The evidence did not point to an innocent explanation for appellant's conduct. He did not offer a defense to the charges at trial nor did he have to. The prosecution was required to prove its case beyond a reasonable doubt. There is no "black letter" rule requiring a chemical analysis of pills to prove that they are restricted prescription drugs. ( Mooring , supra , 15 Cal.App.5th at p. 942,
At no time below or on appeal has appellant ever suggested that the drugs were not methadone and clonazepam. Yet, he faults the Ventura County Sheriff's criminalist for not doing a chemical analysis of the pills.
In his provacative book, The Price of Perfect Justice: The Adverse Consequences of Current Legal Doctrine in the American Courtroom (1974), retired Justice Macklin Fleming eloquently discusses the price associated with the quest for "perfect justice." For the sake of discussion, let us assume we reverse the judgment. On retrial, a chemical analysis in all likelihood would be performed by the sheriff's crime lab. Perhaps the pills could be sent to the FBI laboratory at Quantico Virginia for an analysis. Practical wisdom and common sense lead to the reasonable inference on appeal that appellant knew the drugs were real and that he acted with criminal intent when he brought the pills into the county jail.
"A trial is a search for the truth." ( People v. Zack (1986)
Prior Prison Term Enhancements
The Attorney General points out that the sentence is unauthorized because the trial court failed to strike three prior prison term enhancements. Appellant was sentenced to three years felony jail plus one year on a fourth prior prison term enhancement. The trial court impliedly struck three other prior prison term enhancements based on the probation recommendation that one prior prison term enhancement be imposed. (§ 1385.) Rather than remand the matter for resentencing (see, e.g., People v. Lua (2017)
Disposition
The judgment is modified to reflect that three prior prison term enhancements (§ 667.5, subd. (b)) were stricken. (§ 1260.) The superior court *324clerk is directed to prepare an amended June 19, 2017 sentencing minute order to so reflect. As modified, the judgment is affirmed.
We concur:
GILBERT, P. J.
PERREN, J.
All further statutory references are to the Penal Code, unless otherwise stated.
Appellant has an extensive "rap sheet" and had nine pending cases against him at time of sentencing.
Reference
- Full Case Name
- The PEOPLE, and v. Jose Antonio ESPINOZA, and
- Cited By
- 6 cases
- Status
- Published