People v. Tyler CA3

Filed 6/11/15 P. v. Tyler CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077184

Plaintiff and Respondent, (Super. Ct. Nos. 09F7289 & 09F2587) v.

LLOYD EDWARD TYLER,

Defendant and Appellant.

Appointed counsel for defendant Lloyd Edward Tyler has asked this court to review the record to determine whether there exist any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. BACKGROUND On September 29, 2009, California Highway Patrol Officer Tim Larios stopped the vehicle defendant was driving because the vehicle had expired registration tags. Defendant also was driving the vehicle with a suspended license. Officer Larios also

1

noticed a strong odor of marijuana emanating from the vehicle. A search of the vehicle revealed 2,713 grams of marijuana. Defendant was arrested and charged in Shasta County Superior Court case No. 09F7289 (7289) with numerous felonies including possessing marijuana for sale. (Health & Saf. Code, § 11359.) The People also alleged defendant was previously convicted of a strike offense. (Pen. Code, § 1170.12, subds. (a) - (d).)1 Defendant pleaded not guilty to all charges, denied the strike allegation, and was released on his own recognizance. On June 18, 2010, defendant failed to appear at a trial readiness hearing in case No. 7289. Accordingly, the trial court revoked its own recognizance release and issued an arrest warrant. The People subsequently charged defendant in Shasta County Superior Court, case No. 12F2587 (2587) with failing to appear in case No. 7289. (§ 1320, subd. (b).) The People further alleged defendant committed his crime while released on his recognizance (§ 12022.1) and was previously convicted of a strike offense. (§ 1170.12, subds. (a) - (d).) In May 2012, in case No. 7289, defendant pleaded no contest to possessing marijuana for sale and admitted being previously convicted of a strike offense; however, defendant also reserved his right to file a Romero2 motion. The remaining charges were dismissed along with four, unrelated misdemeanor charges. Defendant failed to appear at the scheduled hearing for judgment and sentencing in that case. Then, in April 2014, defendant pleaded no contest to the charged count of failing to appear in case No. 2587, and admitted to committing that offense while on bail. Both cases were referred to probation for a report and recommendation.