People v. Crist CA3

Filed 2/10/16 P. v. Crist CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C077521

Plaintiff and Respondent, (Super. Ct. No. CM041381 & No. CM041617) v.

DERRICK DEON CRIST,

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 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.) FACTUAL AND PROCEDURAL HISTORY While on patrol on July 9, 2014, deputy sheriffs contacted defendant Derrick Deon Crist who acted nervous and refused to make eye contact. Seeing a suspected marijuana cigarette behind defendant’s ear, the deputies asked if it was marijuana. Defendant admitted it was and claimed to have a medical marijuana recommendation but not in his possession. Deputies asked if defendant had any contraband and defendant admitted he

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had a syringe in his pocket. A search of defendant revealed a syringe and a plastic baggie containing 2.4 grams of methamphetamine. In case No. CM041381, defendant was charged with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and possession of an injection device, a misdemeanor (former Health & Saf. Code, § 11364.1, subd. (a), added by Stats. 2011, ch. 738, § 11, and repealed by Stats. 2014, ch. 331, § 9, eff. Jan. 1, 2015). On July 14, 2014, defendant was released on his own recognizance. When he failed to appear in court on July 16, 2014, a bench warrant was issued for his arrest. On July 26, 2014, deputies contacted defendant who admitted he failed to appear in court. Deputies learned defendant had two warrants for his arrest and arrested him. A search of defendant’s backpack revealed a checkbook belonging to Savannah E. and her father Michael E. The deputies also found two checks which had been removed from the checkbook. The two checks were dated July 26, 2014 and made payable to defendant, each in the amount of $5,000.00. The signature of one of the victims was on one of the checks and defendant’s signature was on the back. Defendant had attempted to cash it at a cash checking service but it was denied for insufficient funds in the account. Defendant claimed he had recently found the checkbook on West Sacramento Avenue. The victim did not know her checkbook was missing and did not know defendant. In case No. CM041617, defendant was charged with forgery (Pen. Code, § 476).1 An on-bail enhancement (§ 12022.1) and a prior prison term (§ 667.5, subd. (b)) were also alleged. A prior prison term allegation was added by amendment to case No. CM041381. On August 13, 2014, in cases No. CM041381 and No. CM041617, defendant entered a negotiated plea of no contest to possession of methamphetamine and forgery