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The People v. Derrick Lamont Bobo

May 17, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
DERRICK LAMONT BOBO, DEFENDANT AND APPELLANT.



(Super. Ct. No. SF103823A)

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

P. v. Bobo

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Appointed counsel for defendant Derrick Lamont Bobo asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error and no concerns regarding presentence credits. We will affirm the judgment.

I

During a parole search in March 2007, a police officer found in defendant's pants three individually wrapped pieces of rock cocaine (weighing a total of .76 gram), $180 in cash, and a cell phone. The officer also found marijuana in defendant's boxer shorts. While searching defendant's residence, the officer found a clear plastic baggie containing 19.78 grams of rock cocaine hidden in a toilet tank. The officer also found a digital scale and, inside a tennis shoe, a large quantity of cash.

Defendant was subsequently charged with possession of cocaine base for sale (Health & Saf. Code, § 11351.5) in San Joaquin County case No. SF103823A. It was further alleged in case No. SF103823A that defendant was previously convicted seven times for narcotics-related offenses pursuant to Health and Safety Code section 11370.2, subdivision (a), previously convicted of possessing or purchasing cocaine for sale in violation of section 11351.5 and within the meaning of Penal Code section 1203.07, subdivision (a)(11), and served four prior prison terms within the meaning of Penal Code section 667.5, subdivision (b).

On or about September 22, 2007, defendant was released from custody with a written promise to appear in court on September 24, 2007, and placed in the San Joaquin County Alcohol Drug Alternative Program.

On June 29, 2008, defendant was driving a vehicle when he was stopped by another police officer. The officer searched defendant pursuant to the conditions of his parole. During the search, the officer found eight individually wrapped pieces of rock cocaine in defendant's right front pocket. The officer also found $712 in cash. Defendant admitted to the officer that he not only smoked rock cocaine, but sold it to support his habit.

Defendant was arrested and subsequently charged in San Joaquin County case No. SF109232A with possession of cocaine base for sale (Health & Saf. Code, § 11351.5) and transportation of a controlled substance (Health & Saf. Code, § 11352). It was further alleged defendant committed these crimes while released on his own recognizance in violation of Penal Code section 12022.1, was previously convicted seven times of narcotics-related offenses under Health and Safety Code section 11370.2, subdivision (a), and served four prior prison terms (Pen. Code, § 667.5, subd. (b)). Defendant was again released on his own recognizance.

On January 10, 2009, defendant was again stopped by law enforcement while driving a vehicle. The police officer recognized defendant from prior contacts and knew defendant was on parole. The officer confirmed there was a warrant for defendant's arrest. Defendant then ran from the officer. After a lengthy chase, defendant was apprehended and searched. Police found 8.12 grams of rock cocaine on defendant's person.

Defendant was arrested and charged in San Joaquin County case No. SF110727A with possession of cocaine base for sale (Health & Saf. Code, § 11351.5), resisting a peace officer (Pen. Code, § 148), vandalism (Pen. Code, § 594, subd. (a)), and failure to appear (Pen. Code, § 1320, subd. (b)). It was further alleged that defendant ...


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