People v. Tomblinson CA3

Filed 4/8/15 P. v. Tomblinson CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077124

Plaintiff and Respondent, (Super. Ct. Nos. 11F1859, 12F8026, 13F1725) v.

TOMAS WILLIAM TOMBLINSON,

Defendant and Appellant.

Sentenced to state prison for an aggregate term of six years, defendant Tomas William Tomblinson appeals, contending the trial court abused its discretion in denying his request to strike his strike prior. We conclude that the trial court did not abuse its discretion and will affirm the judgment.

1

FACTUAL AND PROCEDURAL BACKGROUND

During a patdown search on January 9, 2011, an officer found four syringes in defendant’s pocket and a metal spoon with white residue. At the jail, an officer found 1.5 grams of methamphetamine in defendant’s underwear.

In case No. 11F1859, defendant entered a plea of guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted a strike prior (Pen. Code, § 1170.12)1 [1996 arson of another person’s property (§ 451, subd. (d))] in exchange for drug probation (§ 1210.1 et seq.) and dismissal of the remaining counts and allegations. The court placed defendant on drug probation.

On November 12, 2012, a search of a vehicle in which defendant was riding as a passenger revealed a suitcase with how-to guides on assembling firearms and a .22-caliber Ruger pistol with an obscured serial number.

In case No. 12F8026, defendant entered a plea of guilty of being a convicted felon in possession of a firearm (§ 29800, subd. (a)) and admitted a strike prior [the 1996 arson] in exchange for dismissal of the remaining count. Based on this new offense, defendant admitted violating probation in case No. 11F1859.