People v. Agers CA3

Filed 11/5/14 P. v. Agers CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C075864

Plaintiff and Respondent, (Super. Ct. No. 62-118960)

v.

JASON MATTHEW AGERS,

Defendant and Appellant.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Having reviewed the record as required by Wende, we shall affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

1

After his motion to suppress evidence was denied, defendant Jason Matthew Agers pleaded no contest to possession of MDMA1 for sale (Health & Saf. Code, § 11378— count one) and possession of marijuana for sale (id., § 11359—count two), and admitted a prior drug-related conviction (id., § 11370.2, subd. (b)) and a prior prison term (Pen. Code, § 667.5, subd. (b).2)

The parties stipulated to the following factual basis for defendant’s plea: “On or about August 5, 2012, in Placer County, the defendant was found to be in possession of a controlled substance, specifically MDMA. Law enforcement officers found approximately 780 MDMA pills as well as an additional 32 grams of MDMA. The officers also found over $3,000 in cash, and a qualified narcotics expert would testify that the MDMA was possessed for the purposes of sale. Officers also located approximately 20 grams of marijuana. Along with the marijuana and the cash, a qualified narcotics expert would testify that the marijuana was also possessed for the purposes of sale. [¶] The defendant also has a prior conviction from April 11, 2001, from [a] federal court for a violation of conspiracy to distribute MDMA. This qualifies as a prior pursuant to Health and Safety Code [section] 11370.2[, subdivision] (b), but due to the defendant’s incarceration on that case, it qualifies as a prior prison term pursuant to Penal Code [section] 667.5[, subdivision] (b) for which he served time in a [federal] penal institution and has not been free from custody for more than five years.”