People v. Jones CA5

Filed 10/29/13 P. v. Jones 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065666 Plaintiff and Respondent, (Super. Ct. No. CRF37695) v.

ALEXANDRIA ELIZABETH JONES, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. James A. Boscoe, Judge. Rachel Varnell, 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 Levy, Acting P.J., Cornell, J., and Detjen, J.

INTRODUCTION On March 2, 2012, appellant, Alexandria Elizabeth Jones, was charged in a criminal complaint with transportation of methadone (Health & Saf. Code, § 11352, subd. (a), count I) and possession of methadone for sale (Health & Saf. Code, § 11351, count II). Appellant waived her right to a preliminary hearing and the complaint was deemed to be the information. At the conclusion of a jury trial, appellant was found guilty of count I and acquitted of count II. On August 28, 2012, appellant was placed on probation for five years on various terms and conditions, including that she serve 90 days in county jail. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). FACTS On February 19, 2012, at ten minutes before midnight, Officer Eli Dillon of the California Highway Patrol was in a marked patrol car with his partner, Officer McDaniel, when he saw a van with a broken right brake light proceeding down the highway. This was a violation of the Vehicle Code. Dillon initiated a traffic stop. Appellant was driving. There were three passengers; a male in the front passenger seat and two female passengers in the back seats. Dillon smelled a strong odor of alcohol coming from the vehicle and asked appellant if she had been drinking. Appellant eventually admitted she had one drink. While administering a field sobriety test, Dillon had appellant tilt her head back. When she did so, Dillon noticed a white crystalline substance in her nose that appeared to be methamphetamine. The male passenger was obviously intoxicated. Appellant’s blood alcohol level was only .021 percent. Dillon took appellant’s purse, located next to the driver’s seat, and searched it in appellant’s presence.