People v. Tucker CA2/1

Filed 11/30/23 P. v. Tucker CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B326412

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA119681) v.

ROBERT TUCKER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Debra A. Cole, Judge. Affirmed. A. William Bartz, Jr., under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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MEMORANDUM OPINION1 On November 28, 2021, law enforcement officers observed defendant Robert Tucker driving a vehicle with expired registration tags and conducted a traffic stop. Officers recognized Tucker from previous arrests and observed a pipe, used for smoking, under his legs. Tucker was detained; a search of his person revealed numerous baggies of narcotics, including cocaine base and money. A vehicle search yielded empty baggies, a bottle of pills, and a digital scale. A felony complaint filed on May 25, 2022 charged Tucker with one count of sale/transportation/offering to sell a controlled substance. (Health & Saf. Code, § 11352, subd. (a).) The complaint also alleged, among other things, that Tucker was ineligible for probation because of convictions for eight prior felonies within the meaning of Penal Code2 section 1203, subdivision (e)(4), and that Tucker had been convicted of several prior serious and/or violent felonies (§§ 667, subd. (d), 1170.12, subd. (b)). On August 23, 2022, the matter proceeded to a preliminary hearing. Following a court offer in connection with an open plea, Tucker pleaded no contest that same day to count 1, namely sale/transportation/offering to sell a controlled substance. He also pleaded no contest to charges in other open cases pending against him. In accord with its pre-plea offer, the court