People v. Covarrubias

Opinion

YEGAN, J.

Fortino Perez Covarrubias appeals from the judgment (order granting probation) entered after he was convicted in a court trial of possessing cocaine. (Health & Saf. Code, § 11350, subd. (a).) He unsuccessfiilly contends: “The court erred in denying appellant participation in the diversion program.”

Ventura Police Officer Raymond Harer, Jr., saw a vehicle driven by appellant. He stopped it because it had a cracked windshield. Harer noticed that the passenger reached several times under the front seat. He conducted a “pat down” search of appellant for weapons. He felt a hard…