McGervey v. State

OPINION

Cleus Vincent McGervey was arrested for a California parole violation and subsequently tested positive for marijuana and methamphetamine in his urine. A small quantity of methamphetamine was found on McGervey’s person during the booking process. Officers then conducted a consensual search of McGervey’s girlfriend’s residence, where they discovered a small quantity of marijuana. Following a jury trial, McGervey was convicted of two counts of possession of a controlled substance and two counts of being under the influence of a controlled substance, was found to be a habitual offender…