People v. Baker CA3

FACTS

Because the matter was resolved by plea, our statement of facts is taken from the probation report and the prosecutor’s statement of factual basis. On the afternoon of June 5, 2013, a reporting party informed the Butte County Sheriff’s Office that a suspicious male was looking through car windows. As a deputy was responding, the reporting party advised that the male had threatened to shoot her husband. The deputy arrived and contacted defendant who was holding a black object in his hand. The deputy took defendant into custody, searched him for weapons, and discovered a small fixed-blade knife. The dispatcher advised that defendant had an outstanding misdemeanor warrant. Defendant was arrested and a search incident to arrest yielded a plastic baggie containing 0.6 grams of methamphetamine.

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 appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of…