People v. Maniord CA3

BACKGROUND

The facts of defendant’s underlying offense are not at issue in this appeal. Thus, it suffices to note defendant gave consent for a Tehama County deputy sheriff to search his car on the evening of June 5, 2010. Inside defendant’s car, the deputy discovered a bag containing 2.3 grams of methamphetamine. A hypodermic syringe was found in defendant’s pocket. Defendant claimed the methamphetamine was for his personal use. Under the terms of a negotiated plea bargain, defendant pled guilty to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) and admitted a serious felony conviction (1996 assault with a deadly weapon) (Pen. Code, §§ 667, subds. (b)-(i), 1170.12).2 In exchange, the People dismissed the remaining counts (misdemeanor driving without a valid license and misdemeanor possession of drug paraphernalia), and agreed that defendant be considered for probation under section 1210.1 (Proposition 36 probation). Terms of the negotiated plea also included an

Undesignated statutory references are to the Penal Code.

2 agreement if defendant’s Proposition 36 probation were revoked he would be subject to a maximum sentence of four years, doubled…