People v. Levos CA3

BACKGROUND

On December 27, 2012, detectives stopped the pickup truck in which defendant was riding, after they witnessed defendant and another man engaged in an apparent drug transaction with a known drug dealer. Detectives handcuffed defendant and walked him

1 to a corner of the parking lot where he was stopped. While standing in the lot, defendant dropped something behind his back and then “kicked over” a piece of broken asphalt with his foot near the dropped item. A search of the area revealed a small plastic bindle on the ground near defendant containing a useable amount of heroin. A search of defendant revealed a small plastic tube often used to snort or inhale controlled substances. The tube’s interior contained a light brown substance consistent with the device being used to inhale heroin. A jury found defendant guilty of possession of heroin. (Health & Saf. Code, § 11350, subd. (a).) The trial court placed defendant on four years of formal probation subject to various terms, including participation in the Salvation Army adult rehabilitation program, and imposed various fines, fees, and costs.

DISCUSSION

Defendant appeals. Counsel filed an opening brief that sets forth…