The People v. Carlsen CA5

Filed 9/5/13 P. v. Carlsen 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065074 Plaintiff and Respondent, (Super. Ct. No. BF140106A) v.

TRISHA CARLSEN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Thomas M. Singman, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Christina Hitomi Simpson, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Franson, J. and Detjen, J.

INTRODUCTION Appellant asks this court to independently review the materials considered by the trial court during a Pitchess hearing (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)). We have conducted the requested review and discerned neither procedural error nor abuse of discretion. The judgment will be affirmed. FACTS On January 9, 2012, a California Highway Patrol Officer conducted a traffic stop of a car driven by appellant Trisha Carlsen. The officer conducted field sobriety tests, which appellant failed to perform satisfactorily. The officer searched appellant and found a baggie containing .53 grams of methamphetamine. Appellant’s blood tested positive for amphetamines and marijuana. On January 30, 2012, an information was filed in Kern County Superior Court charging appellant with possession of methamphetamine (count 1), misdemeanor driving a vehicle while under the influence of alcohol and/or a drug (count 2) and being under the influence of a controlled substance (count 3). On April 20, 2012, appellant pled no contest to counts 1 and 2; count 3 was dismissed by the People in the interests of justice. On May 29, 2012, the court suspended imposition of sentence and placed appellant on probation for three years. She was ordered to serve 45 days in jail, with leave granted to the probation department to release her at any time to a residential alcohol/drug treatment program.

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