P. v. Jackson
Darryl Aishiay Jackson appeals from a judgment following a guilty plea. Because defendant pled no contest after waiving his right to a preliminary hearing, the following facts are taken from the probation report.
On February 29, 2012, appellant was walking through the parking lot of a 99 Cent Only Store carrying an open container of beer. Two officers from the Pomona Police Department approached appellant and asked him if he was on parole. Appellant took a few steps away from the police officers. He then dropped a small off-white, rock-like substance on the ground and attempted to crush it with his foot. The officers recovered the rock-like substance and appellant was arrested. A subsequent search of appellant’s left rear pants pocket produced a cocaine pipe.
After consulting with counsel, appellant pled guilty to one count of possession of cocaine in violation of Health and Safety Code section 11350, subdivision (a). Appellant also admitted having suffered one strike under the “Three Strikes†law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)(d))[1] and having served one prior prison term (§ 667.5, subd. (b)). Pursuant to a plea agreement, the court sentenced appellant to state prison for seven years comprised of the upper term of three years doubled for the strike, plus one year for the prior prison term. The trial court imposed various fines and court fees and appellant was awarded three days of actual custody credit and two days of conduct credit, for a total of five days of presentence credit.
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