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The People v. David Michael Mayer

August 10, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DAVID MICHAEL MAYER, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. 10F3456, 08F6664, 10F2827, 10F3391, 09F8369)

The opinion of the court was delivered by: Raye , P. J.

P. v. Mayer

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). Briefly, defendant David Michael Mayer entered pleas in two cases, was granted probation, and then violated probation. Three more cases were filed. Defendant entered pleas in two of the three cases and the third case was dismissed. The court sentenced defendant to state prison. We requested supplemental briefing because the record reflected that the wrong case was dismissed. The parties agree. We will correct the judgment accordingly.

On July 22, 2008, officers searched defendant's home pursuant to a warrant and found 27.5 grams of methamphetamine. In case No. 08F6664, defendant entered a plea of guilty to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted a strike prior (1992 assault with intent to rape (Pen. Code, § 220)).

On August 21, 2009, defendant failed to appear in court as ordered. In case No. 09F8369, defendant entered a plea of guilty to failure to appear (in case No. 08F6664) (Pen. Code, § 1320, subd. (b)) and admitted an on-bail enhancement allegation (Pen. Code, § 12022.1).

The court suspended imposition of sentence in both cases and granted Proposition 36 probation in case No. 08F6664 and probation in case No. 09F8369.

On March 16, 2010, Shasta Interagency Narcotics Task Force (SINTF) agents conducted a consent/probation search of defendant in the parking area of a gas station near his car and found 36 grams of methamphetamine, a digital scale, and a syringe/needle. Case No. 10F2827 charged defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378 -- count 1), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a) -- count 2), and possession of a hypodermic needle/syringe (Bus. & Prof. Code, § 4140 -- count 3). A strike prior was also alleged. (Pen. Code, § 1170.12.)

On April 18, 2010, a Redding Police officer made a traffic stop on a car driven by defendant, and a consent/probation search of defendant revealed 19 grams of methamphetamine and digital scales. Case No. 10F3391 charged defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378 -- count 1) and transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a) -- count 2). A strike prior (Pen. Code, § 1170.12) and an on-bail enhancement (Pen. Code, § 12022.1) were alleged.

On May 4, 2010, SINTF agents obtained a warrant for defendant, his residence, and his vehicle. When the agents attempted to stop defendant in his vehicle, he fled to his residence, throwing at least two syringes out the window. When he got out of his vehicle he had an alcoholic beverage in his hand. He failed to comply with all of the SINTF agents' orders. The agents searched defendant, his home, and his car pursuant to the warrant and found about 13 grams of methamphetamine, a digital scale, and two syringes. Case No. 10F3456 charged defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378 -- count 1), transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a) -- count 2), possession of drug paraphernalia (Health & Saf. Code, § 11364 -- count 3), misdemeanor evading an officer (Veh. Code, § 2800.2 -- count 4), misdemeanor resisting an officer (Pen. Code, § 148, subd. (a)(1) -- count 5), and possession of an open container while driving, an infraction (Veh. Code, § 23222, subd. (a) -- count 6). A strike prior (Pen. Code, § 1170.12) and two on-bail enhancements (Pen. Code, § 12022.1) were also alleged.

Defendant admitted violating probation in the 2008 and 2009 cases and entered a plea in two of the three 2010 cases; the third 2010 case was dismissed. Defendant's plea form reflects the following: in case No. 08F6664, defendant admitted violating probation; in case No. 09F8369, defendant admitted violating probation; in case No. 10F2827, defendant pled no contest to possession of methamphetamine for sale and admitted a strike prior; and in case No. 10F3456, defendant pled no contest to possession of methamphetamine for sale and admitted a strike prior. Defendant entered his pleas and admissions in exchange for dismissal of case No. 10F3391.

At the entry of plea hearing, the trial court recited the plea agreement in accordance with defendant's written plea form. The prosecutor stated that a factual basis for case No. 10F3456 was reflected in "SINTF report SH1079," and for case No. 10F2827 in "SINTF report SH1059." Defendant orally entered his plea in accordance with his written plea form, including case No. 10F2827. The trial court then ...


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