People v. Lilyquist CA3

BACKGROUND

On August 29, 2021, law enforcement conducted a traffic stop of the car Lilyquist was driving; the passenger was on searchable probation. Law enforcement searched the car and found the following: 30 grams of methamphetamine, drug paraphernalia, baggies, a digital scale, and $500 cash. While booking Lilyquist, law enforcement found a $20 bill in his pocket and thirteen $100 bills in a roll, tucked in Lilyquist’s waistband. The People charged Lilyquist with possession of methamphetamine for the purpose of sale. (Health & Saf. Code, § 11378.) Lilyquist filed a motion to suppress evidence, which the trial court denied. Lilyquist then entered into a negotiated plea agreement pursuant to which, Lilyquist pled guilty to possessing methamphetamine for the purpose of sale. In exchange for his plea, the People agreed Lilyquist would serve two years on formal probation, following a 90-day period of incarceration in county jail. At sentencing, after speaking with Lilyquist and counsel, the trial court found Lilyquist was “willing to abide by the terms and conditions” of probation. The court also found it to be an unusual circumstance that Lilyquist had been “conviction free for a…