Filed 10/9/13 P. v. Fike CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 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 Superi or Court of Kern Co unty. Michael G. Bush, Judge. Richard Moller, under appointment by th e 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 PROC EDURAL 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 ob served 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. Afte r the Honda stopped, Officer Jones contacted Fike, the driver, while Officer Ary contacted Fike’s br other, who was seated in the front seat. Officer Jones asked Fike and his brother fo r 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 containi ng suspected methampheta mine. In a pursetype wallet wedged between th e driver’s seat and the co nsole, 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 transportatio n 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 brothe r filed a motion to suppress. On April 5, 2012, Fike jo ined 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 charge d against him and a mitigated 16-month local jail term. On August 7, 2012, the court sentenced Fike to the stipulat ed jail term of 16 months.3 Fike’s appellate counsel has filed a brief which su mmarizes 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.