People v. Link CA3

Filed 11/19/15 P. v. Link CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C078551

Plaintiff and Respondent, (Super. Ct. Nos. CM38606, CM039222, CM041321) v.

CHRISTOPHER ROBERT LINK,

Defendant and Appellant.

Appointed counsel for defendant Christopher Robert Link 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 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will 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

On April 3, 2013, law enforcement approached defendant who was standing on the lawn in front of a home they suspected was associated with the sale, possession, and use of methamphetamine. Defendant was sweating and nervous; he advised the detectives that he had a knife. After he ignored the detectives’ order to keep his hands out of his pockets, the detectives detained defendant and conducted a patdown search. They found a nine-inch-long fixed-blade knife, with a five-inch blade, in a nylon sheath concealed underneath defendant’s front waistband. They arrested defendant and subsequently found approximately 0.3 grams of methamphetamine on his person.

The People later charged defendant in Butte County Superior Court case No. CM038606 with carrying a dirk or dagger (Pen. Code, § 21310)1 and misdemeanor possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)). Defendant was released on his own recognizance.

On June 19, 2013, defendant failed to appear in court. Accordingly, the People charged defendant in Butte County Superior Court case No. CM039222 with felony failure to appear in violation of section 1320, subdivision (b). The People also alleged defendant committed the offense while he was released from custody on bail or his own recognizance (§ 12022.1).