People v. Tyler CA3

BACKGROUND

On September 29, 2009, California Highway Patrol Officer Tim Larios stopped the vehicle defendant was driving because the vehicle had expired registration tags. Defendant also was driving the vehicle with a suspended license. Officer Larios also

1 noticed a strong odor of marijuana emanating from the vehicle. A search of the vehicle revealed 2,713 grams of marijuana. Defendant was arrested and charged in Shasta County Superior Court case No. 09F7289 (7289) with numerous felonies including possessing marijuana for sale. (Health & Saf. Code, § 11359.) The People also alleged defendant was previously convicted of a strike offense. (Pen. Code, § 1170.12, subds. (a) - (d).)1 Defendant pleaded not guilty to all charges, denied the strike allegation, and was released on his own recognizance. On June 18, 2010, defendant failed to appear at a trial readiness hearing in case No. 7289. Accordingly, the trial court revoked its own recognizance release and issued an arrest warrant. The People subsequently charged defendant in Shasta County Superior Court, case No. 12F2587 (2587) with failing to appear in case No. 7289. (§ 1320, subd. (b).) The People further alleged defendant…