People v. King CA3

Filed 2/26/24 P. v. King CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C098292

Plaintiff and Respondent, (Super. Ct. No. 22CF05183)

v.

SOMA RAINBOW KING,

Defendant and Appellant.

Appointed counsel for defendant Soma Rainbow King asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. BACKGROUND On October 22, 2022, a Chico Police Department officer responded to reports of someone selling bicycles out of the back of a truck. The officer located the truck and saw a number of bicycles in the back. A female was talking to defendant by the truck, but when she saw the officer, she left. Defendant volunteered, “It’s not what it looks like.”

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Defendant identified himself as John Miller. He subsequently gave the officer his wallet, which contained a benefits card bearing his true name. The officer discovered defendant was on postrelease community supervision and arrested him for an active felony arrest warrant. In searching defendant, the officer found a sock in his pocket, inside of which were three bags containing fentanyl and mannitol with a total weight of 73.57 grams. The officer also found $1,920 in cash in a “bellyband” defendant was wearing. In the truck, the officer found a bag containing 18.90 grams of methamphetamine, and additional fentanyl. There were a number of “narcotics-related instant messages” found on defendant’s cell phone. A complaint deemed an information charged defendant with possession for sale of a controlled substance (Health & Saf. Code, § 11351; count 1), possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 2), and giving false information to a police officer (Pen. Code, § 148.9, subd. (a); count 3). After waiving his rights, defendant pleaded no contest to count 2, possession for sale of a controlled substance (Health & Saf. Code, § 11378) in exchange for dismissal of the remaining counts. Defendant understood his maximum exposure was three years in prison. The parties agreed police reports and the probable cause declaration summarized in the probation report furnished the factual basis for defendant’s plea. Defendant waived the right to have circumstances in aggravation supporting imposition of an upper term sentence proven beyond a reasonable doubt at a jury trial or court trial, and agreed that the court could find aggravating circumstances “based on the documents described above,” and that the court could sentence him to the lower, middle, or upper term. The trial court granted the prosecution’s motion to dismiss the remaining counts with a Harvey1 waiver.