P. v. Thompson
On May 31, 2013, a deputy with the Butte County Sheriff’s Department encountered defendant by a residence associated with the use and sale of controlled substances. The deputy knew defendant was on parole and conducted a parole search. During the search, defendant tried to flee while making an overhand throwing motion with his left hand. The deputy noticed defendant had discarded a large plastic package. After defendant was subdued, the deputy retrieved the package, which contained 1.9 grams net weight of methamphetamine.
Defendant was charged with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and resisting a peace officer (Pen. Code, § 148, subd. (a)(1)),[1] along with a strike and a prior prison term (§§ 1170.12, 667.5, subd. (b)). He pleaded no contest to both charges and admitted the prior prison term, with the strike allegation being dismissed with a People v. Harvey (1979) 25 Cal.3d 754 waiver. The trial court sentenced defendant to four years in state prison, imposed various fines and fees, and awarded 97 days of presentence credit (49 actual and 48 conduct).
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