People v. Nolan CA5

Filed 7/29/16 P. v. Nolan CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F070274 Plaintiff and Respondent, (Super. Ct. No. BF153422A) v.

GREGORY MOSES NOLAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto, Judge. Melissa Baloian Sahatjian, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- A jury convicted Gregory Moses Nolan of bringing methamphetamine into the county jail (Pen. Code, § 4573) and possession of methamphetamine (Health & Saf.

* Before Kane, Acting P.J., Franson, J. and Peña, J.

Code, § 11377, subd. (a)). Appellate counsel filed a brief asserting she could not identify any arguable issues in the case. After a thorough review of the record we affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY The amended information charged Nolan with two counts, (1) knowingly bringing a controlled substance into county jail in violation of Penal Code section 4573, and (2) possession of methamphetamine for the purpose of sale in violation of Health and Safety Code section 11378. The information also alleged the following enhancements: (1) two prior convictions that constituted strikes within the meaning of Penal Code section 667, subdivisions (b)-(i) (counts one and two); (2) six prior convictions that resulted in a prison sentence within the meaning of Penal Code section 667.5, subdivision (b) (counts one and two); and (3) a prior conviction for violation of Health and Safety Code section 11351 within the meaning of Health and Safety Code section 11370.2, subdivision (c) (count two). Four witnesses testified at the trial. Kern County Probation Officer Justin Greemore testified that during the time period in question he was Nolan’s probation officer. On February 1, 2014, he conducted an unannounced probation search of Nolan’s residence. Nolan was not present at the time. Greemore discovered a methamphetamine pipe in the residence. He left a note instructing Nolan to appear at his office on February 4. Nolan appeared at the probation office as directed. Greemore’s intent was to arrest Nolan for a probation violation because of the methamphetamine pipe. Nolan was arrested and transported to the county jail. During the booking process, Nolan was searched. During the search, Greemore discovered a plastic bag in Nolan’s sock. Inside the plastic bag, Greemore discovered five bindles that appeared to contain a controlled substance. In Nolan’s other sock, Greemore discovered more bindles which appeared to