People v. Lyons CA1/2

DISCUSSION

Defendant was charged with felony possession of methamphetamine (Health & Saf. Code, § 11377), in addition to allegations of five prior convictions for which defendant had served prison terms (§ 667.5, subd. (b)). According to the presentence report prepared by the Solano County Probation Office, a police officer drove by defendant as he was walking in Fairfield and saw defendant throw something in the street. Defendant was detained and stated that he was on parole, which was confirmed. The police department conducted a parole search and found two small clear plastic bags in defendant’s wallet. The contents of one bag tested presumptively positive for methamphetamine. At the preliminary hearing, the arresting officer testified that, after laboratory testing, the substance in the bag was confirmed to be methamphetamine. On December 12, 2012, Defendant pled no contest to the felony charge of possessing methamphetamine, pursuant to a negotiated disposition that included the understanding that he would be sentenced to two years in state prison and all of the allegations regarding his five prior convictions would be dismissed. Defendant signed a four-page document entitled…