Filed 10/9/13 P. v. Fike CA5 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

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or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

FIFTH APPELLATE DISTRICT

THE PEOPLE, 

Plaintiff and Respondent, 

 v. 

JONATHAN HARRY FIKE, 

Defendant and Appellant. 

F065632 

(Super. Ct. No. BF139708B) 

OPINION

THE COURT* 

 APPEAL from a judgment of the Superior Court of Kern County. Michael G. 

Bush, Judge. 

 Richard Moller, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 Office of the State Attorney General, Sacramento, California, for Plaintiff and 

Respondent. 

-ooOoo- 

 

* Before Poochigian, Acting P.J., Detjen, J. and Peña, J. 
2 

 Appellant, Jonathan Harry Fike, pled no contest to possession for sale of 

methamphetamine (Health & Saf. Code, § 11378). Following independent review of the 

record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. 

FACTUAL AND PROCEDURAL HISTORY

 On December 10, 2011, at approximately 2:00 a.m., Bakersfield Police Officer 

Clifton Ary was on patrol with Officer Trevor Jones when they observed a Honda Civic 

being driven in the parking lot of a Toys R Us store with no light on its rear license plate 

and one brake light off. After the Honda stopped, Officer Jones contacted Fike, the 

driver, while Officer Ary contacted Fike’s brother, who was seated in the front seat. 

Officer Jones asked Fike and his brother for consent to search the vehicle and their 

persons and they both consented. The officers then searched Fike and his brother and on 

each of them found a small baggie containing suspected methamphetamine. In a pursetype wallet wedged between the driver’s seat and the console, the officers found 

approximately five individually packaged bindles of suspected methamphetamine. 

 On March 2, 2012, the district attorney filed an information charging Fike and his 

brother with one count each of transportation of methamphetamine (counts 1 & 3/Health 

& Saf. Code, § 11379, subd. (a)) and possession for sale of methamphetamine (counts 2 

& 4/Health & Saf. Code, § 11378). 

 On March 28, 2012, Fike’s brother filed a motion to suppress. 

 On April 5, 2012, Fike joined in the motion. 

 On May 14, 2012, the court heard and denied the motion to suppress. 

 On May 25, 2012, Fike pled no contest to possession for sale of methamphetamine 

in exchange for the dismissal of the remaining count charged against him and a mitigated 

16-month local jail term. 

 On August 7, 2012, the court sentenced Fike to the stipulated jail term of 16 

months. 
3 

Fike’s appellate counsel has filed a brief which summarizes the facts, with 

citations to the record, raises no issues, and asks this court to independently review the 

record. (People v. Wende, supra, 25 Cal.3d 436.) Fike has not responded to this court’s 

invitation to submit additional briefing. 

 Following an independent review of the record, we find that no reasonably 

arguable factual or legal issues exist. 

DISPOSITION

The judgment is affirmed.