P. v. Loyola
Filed 8/13/10 P. v. Loyola CA6
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opinion has not been certified for publication or ordered published for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.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
DANIEL RICHARD LOYOLA,
Defendant and
Appellant.
H035264
(Santa Clara
County
Super. Ct.
No. CC944148)
Defendant
Daniel Richard Loyola was walking down the street at 12:34 a.m. When he
saw a deputy sheriff, he turned and walked in the opposite direction. Defendant then discarded a metal container
and walked away. The deputy sheriff made
contact with defendant and noticed that he was under the influence of a
controlled substance. A records check
revealed that defendant was on parole.
The deputy sheriff retrieved the metal container, and he found that it
contained a baggie of methamphetamine and a baggie of marijuana.
Defendant
was arrested and charged by information with possession of methamphetamine (Health
& Saf. Code, § 11377, subd. (a)), possession of marijuana (Health &
Saf. Code, § 11357, subd. (b)), and being under the influence of
methamphetamine (Health & Saf. Code, § 11550, subd. (a)). It was further alleged that he had suffered
five prior narcotics convictions (Health & Saf. Code, § 11550) and a prior
strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12), and had served
two prison terms for prior felony convictions (Pen. Code, § 667.5, subd. (b)).
Defendant
pleaded no contest to all three counts and admitted all of the prior conviction
and prison prior allegations in response to a â€
| Description | Defendant Daniel Richard Loyola was walking down the street at 12:34 a.m. When he saw a deputy sheriff, he turned and walked in the opposite direction. Defendant then discarded a metal container and walked away. The deputy sheriff made contact with defendant and noticed that he was under the influence of a controlled substance. A records check revealed that defendant was on parole. The deputy sheriff retrieved the metal container, and he found that it contained a baggie of methamphetamine and a baggie of marijuana. |
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