People v. Santana

In People v. Santana (2000) 80 Cal. App. 4th 1194, the defendant was convicted of possessing methamphetamine and cocaine for sale based on evidence that he "had been present at the scene of an anticipated sale of nine pounds of methamphetamine and that, 10 months later in a search of his home, deputies found a triple beam Ohaus scale and cash." ( People v. Santana, supra, 80 Cal. App. 4th at pp. 1196-1197.) At trial, during the defense case, the defendant's wife, Duarte, testified she used the scale to weigh the components of bread she baked; Saul Ramirez testified he and the defendant operated a carpet sales and installation business; and the defendant testified he had been at the scene of the anticipated drug sale to visit his daughter, but his green card was found on the counter because he had taken it from his pocket to avoid bending it when he sat down. The trial court actively participated in the cross-examination of Duarte, Ramirez, and the defendant. Although Division Three of the Second Appellate District found the evidence sufficient to support the defendant's convictions, the appellate court also found the trial court's adversarial intervention in the trial required reversal of the judgment. Putting aside a number of "innocuous incidents" in which the trial court intervened in the examination of witnesses, the appellate court noted that the trial court had "repetitiously, disparagingly and prejudicially questioned defense witnesses Ramirez, Duarte and Santana." ( People v. Santana, supra, 80 Cal. App. 4th at p. 1207.) The court wrote: "The trial court's questioning of Duarte regarding use of the triple beam Ohaus scale in baking, the questions of Ramirez regarding the partnership agreement and business, and the questioning of Santana regarding the resident alien card, all consumed more time than was necessary to elicit the point the trial court sought to make. By belaboring points of evidence that clearly were adverse to Santana, the trial court took on the role of prosecutor rather than that of an impartial judge. By continuing this adversarial questioning for page after page of reporter's transcript, the trial court created the unmistakable impression it had allied itself with the prosecution in the effort to convict Santana. These instances of impropriety are so egregious as to require reversal of Santana's conviction." (Ibid.)