People v. Hefner CA3

Filed 1/7/16 P. v. Hefner CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE, C078634

Plaintiff and Respondent, (Super. Ct. No. CRF1485)

v.

GARY CHARLES HEFNER,

Defendant and Appellant.

Appointed counsel for defendant Gary Charles Hefner 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.) We must remand the matter to the trial court with directions to prepare a new abstract of judgment that correctly shows all fines, fees, penalties, and assessments and the statutes under which they are imposed. In all other respects, we shall affirm the judgment. I. BACKGROUND 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 January 5, 2014, at approximately 2:30 a.m., defendant and Mr. Brown were stopped by Yolo County Sheriff’s Deputy Charles Hoyt after he observed them crossing the road in the middle of a dimly lit portion of West Capitol Avenue. Deputy Hoyt observed defendant grinding his jaw back and forth, something Deputy Hoyt recognized as a sign of narcotics use. Both men appeared nervous and were reaching into their pockets. Deputy Hoyt asked the men if they had any identification. Defendant provided his driver’s license. Brown stated he did not have identification and told Deputy Hoyt his name and date of birth, but continued to reach into his pocket. Deputy Hoyt became concerned, asked him to stop, and asked both men if they had any weapons on their person. When Deputy Hoyt asked if he could pat them down for weapons, both men consented and defendant said he had a knife. As Deputy Hoyt began his pat-down search of defendant, Brown stated he had a methamphetamine pipe on him. Deputy Hoyt asked both men if they had anything else illegal on their person and then asked if he could search them for illegal items. Again, both men consented. Deputy Hoyt searched defendant and found a four-inch fixed blade knife under his shirt on his right hip, a utility razor blade knife in his left pants pocket, and an orange container containing methamphetamine in his right pants pocket. Defendant was charged by information with felony possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)—count 1), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)— count 2), a misdemeanor. On November 13, 2014, the trial court heard and denied defendant’s motion to suppress evidence, and reduced count 1 to a misdemeanor pursuant to Proposition 47. Pursuant to a negotiated plea bargain, defendant entered a plea of no contest to count 1, a misdemeanor, in exchange for dismissal of count 2. The trial court suspended imposition of sentence and placed defendant on three years of formal probation subject to specified terms and conditions. The court imposed