Filed 7/28/26 P. v. Eastman CA5
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
THE PEOPLE, F089909
Plaintiff and Respondent, (Super. Ct. No. CRF75962)
v.
OPINION
JOSEPH CLARENCE EASTMAN,
Defendant and Appellant.
THE COURT*
APPEAL from a judgment of the Superior Court of Tuolumne County. Kevin M.
Seibert, Judge.
Vicki Hightower, under appointment by the Court of Appeal, for Defendant and
Appellant.
Office of the Attorney General, Sacramento, California, for Plaintiff and
Respondent.
-ooOoo-
* Before Hill, P. J., Franson, J. and Harrell, J.
A jury convicted defendant Joseph Clarence Eastman of possession of
methamphetamine for sale. Defendant’s appellate counsel makes no claim of error and
requests our independent review of the record pursuant to People v. Wende (1979)
25 Cal.3d 436. (See also In re Kevin S. (2003) 113 Cal.App.4th 97.) Counsel filed an
opening brief that sets forth the relevant facts of the case. Appellant was advised of the
right to file a supplemental brief within 30 days of the date of filing of the opening brief.
More than 30 days elapsed, and we received no communication from appellant. Finding
no arguable error that would result in a disposition more favorable to appellant, we affirm
the judgment.
The following is a brief description of the facts and procedural history of the case.
(See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)
On November 1, 2024, Officer Rylan Matyshock of the Sonora Police Department
contacted defendant while responding to a report of an abandoned vehicle that was
occupied by defendant within 600 feet of a high school. When defendant stepped from
the driver’s seat of the vehicle, he dropped an orange syringe cap and then tried to cover
it with his foot. After Officer Matyshock sat defendant on the sidewalk, defendant
admitted that he had a syringe and pipe in the passenger seat of the vehicle, which
officers subsequently found.
Upon returning to defendant, officers noticed a waist bag located approximately
one foot behind defendant that had not been there previously. The bag contained more
than $100 in small denominations and approximately 30 grams (27.8 grams) of
methamphetamine. The bag also contained pipes with white residue, capped and
uncapped syringes, and clear baggies used to store individual-size amounts of drugs.
Defendant later admitted that the bag belonged to him and that the methamphetamine had
been given to him. Defendant also had approximately 0.69 grams of methamphetamine
on his person. Defendant admitted he had been using methamphetamine when officers
approached his vehicle.
2.
Officers also located drug paraphernalia, packaging materials, a digital scale and
two cellular phones in defendant’s vehicle. The cellular phones were searched and
contained over 200 text messages involving drug sales.
An expert in drug sales testified that the evidence presented was consistent with
the possession of methamphetamine for sale.
Defendant testified that he had been using methamphetamine for 18 years but did
not sell it. The bag found on the sidewalk did not belong to him and another individual
had thrown it there as they ran away. Defendant possessed the packaging materials to
store marijuana. He testified that the cellular phones had belonged to someone else and
that the text messages must have belonged to the individual who gave him the phone.
The District Attorney of Tuolumne County filed an amended information on
January 13, 2025, charging defendant with possession of methamphetamine for sale
(Health & Saf. Code, § 11378; count 1) and alleging that defendant committed the crimes
within 1000 feet of a school (id., § 11353.6, subd. (b)) and had suffered a prior strike
conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–
(i), 1170.12). Defendant pleaded not guilty and denied all allegations. After a three-day
trial, the jury convicted defendant and found he committed the offense within 1000 feet
of a school. Defendant admitted his prior strike.
Defendant filed an invitation to the trial court to strike his prior serious felony
conviction on April 10, 2025. Relying upon defendant’s lengthy criminal history and
recent criminal conduct occurring less than a year after release from prison, the
prosecutor opposed defendant’s request.
The trial court declined defendant’s invitation to strike his prior serious felony
conviction and sentenced defendant to four years in prison (two years doubled due to his
prior strike conviction) and struck the four-year term for the section 11353.6,
subdivision (b) enhancement. The court also ordered defendant to pay a $1,200
restitution and stayed restitution parole revocation fee.
3.
Defendant filed a timely appeal on June 2, 2025.
Having undertaken an examination of the entire record, we find no evidence of
ineffective assistance of counsel or any other arguable error that would result in a
disposition more favorable to defendant.
DISPOSITION
The judgment is affirmed.
4.