People v. Jacobs CA3

BACKGROUND

On May 5, 2012, at about 3:00 a.m., law enforcement stopped defendant Tommy Ray Jacobs for driving his Ford Explorer with a nonfunctioning head lamp. Defendant was arrested for driving with a suspended license. A search incident to the arrest revealed plastic baggies containing a total of 1.5 grams of methamphetamine and a glass smoking pipe in defendant’s pockets. Defendant entered a plea of no contest to possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a)) and admitted two of the three charged prior

1 prison term allegations (Pen. Code, § 667.5, subd. (b)).1 The remaining count (misdemeanor possession of drug paraphernalia) and allegation were dismissed with a waiver pursuant to People v. Harvey (1979) 25 Cal.3d 754. The court suspended imposition of sentence and granted probation pursuant to Proposition 36. (§§ 1210 et seq.) Defendant appeals. He did not obtain a certificate of probable cause. (§ 1237.5.)

DISCUSSION

We appointed counsel to represent defendant on appeal. Counsel filed an opening brief that sets forth the facts of the case and requests this court to review the record and determine whether there are any arguable issues on…