Covarrubias

Fortino Perez Covarrubias appeals from the judgment (order granting probation) entered after he was convicted in a court trial of possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) He unsuccessfiilly contends: “The court erred in denying appellant participation in the diversion program.”

Ventura Police Officer Raymond Harer, Jr., saw a vehicle driven by appellant. He stopped it because it had a cracked windshield. Harer noticed that the passenger reached several times under the front seat. He conducted a “pat down” search of appellant for weapons. He felt a hard object which proved to be a metal pipe containing marijuana residue and smelling of burnt marijuana. Harer searched appellant and found several razor blades, a mirror, an empty tube, a plastic baggie containing cocaine, and three bindles of cocaine. Appellant exhibited several symptoms of being under the influence of a stimulant, i.e., a pulse rate of 118, rapid speech, and warm, dry skin. In addition, the officer observed that the septum of appellant’s nose was irritated and his pupils exhibited a sluggish reaction to light.

Appellant was charged with possession of cocaine, being under the influence…