People v. Gardner CA3

Filed 12/3/24 P. v. Gardner CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C098822

Plaintiff and Respondent, (Super. Ct. Nos. 20F5316, 21F714, 21F2734, 22F695, v. 22F696)

DYLAN VERNON GARDNER,

Defendant and Appellant.

Appointed counsel for defendant Dylan Vernon Gardner asked this court to review the record and determine whether there are any arguable issues on appeal. People v. Wende (1979) 25 Cal.3d 436. We affirm the judgment.

FACTS AND HISTORY OF THE PROCEEDINGS This appeal arises out of five separate cases.

Case No 20F5316 (case No. 316)

Case No. 316 started out in Sacramento County Superior Court where a jury convicted defendant of possession of and transportation of a controlled substance.

1

(Health & Saf. Code, §§ 11738, 11739.) (Statutory section citations that follow are found in the Health and Safety Code unless otherwise stated.) Defendant was in a car when officers conducted a traffic stop. Officers noticed a bulge in defendant’s pants. On further search of the defendant and the car, they discovered 3.27 pounds of methamphetamine and a scale. The Sacramento Superior Court sentenced defendant to four years with two years in custody in county jail followed by two years of mandatory supervision. The Sacramento Superior Court later granted defendant’s motion to transfer supervision of his supervised release to Shasta County Superior Court where it became case No. 316. In December 2020, the Shasta County Probation department filed a petition for revocation of defendant’s supervised release based on allegations he failed to report to the probation department in October, and he was found in possession of 405 grams of methamphetamine and a scale on November 20, 2020. Those charges were separately filed in case No. 714 discussed post. In May of 2021, the Shasta County Probation Department filed a second petition for revocation of defendant’s supervised release because he was found with 172.7 grams of heroin, along with empty plastic baggies, multiple scales, and $3,749 in US currency in May of 2021. The revocation petition also alleged he had 346.6 grams of methamphetamine and that he tried to destroy the methamphetamine and heroin when discovered. In November of 2021, the Shasta County Probation Department filed its third petition for revocation of defendant’s supervised release because he was found to be driving under the influence of methamphetamine in September 2021. In May of 2022, the Shasta County Probation Department filed a fourth petition for the revocation of defendant’s supervised release because he stole property and hit the victim with his car on May 12, 2022. These allegations form the basis for case No. 696, post. The petition also alleged defendant operated a car under the influence of