People v. Ferrari CA3

Filed 7/7/16 P. v. Ferrari CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C080265

Plaintiff and Respondent, (Super. Ct. No. 13F7171)

v.

IZAIAH JEFFREY FERRARI,

Defendant and Appellant.

Appointed counsel for defendant Izaiah Jeffrey Ferrari has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).)

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 October 16, 2013, around 1:53 a.m., Redding Police Officer Joshua Tracy was driving in his patrol car when he saw defendant riding a bicycle without a front light. Officer Tracy executed a traffic stop on defendant, who was wearing a blue backpack. He obtained defendant’s consent to a patdown search and to removing the backpack. After the search revealed nothing, Officer Tracy ran defendant’s name through dispatch and asked defendant to sit on the sidewalk next to his backpack. Defendant offered to produce a prescription pill bottle from his backpack to prove his identity, but Officer Tracy told him not to reach into the backpack. Later, defendant started to unzip a pocket of the backpack but stopped when Officer Tracy moved the backpack away from him.

As he moved the backpack, Officer Tracy saw inside the partially unzipped pocket of the backpack and that it contained a grinder and digital scale. He then asked defendant if there was marijuana in the backpack. After defendant admitted that there was, Officer Tracy obtained defendant’s consent to search the backpack. A search of the backpack found several clear Mason jars holding 58 plastic baggies of marijuana. The marijuana weighed about 11.3 ounces. Defendant said he was going to sell the marijuana for $20 per baggie because he had recently moved out of his parents’ house and was having difficulty making money. Officer Tracy next obtained defendant’s consent to look through defendant’s cell phone, where he found a text message related to selling marijuana.