People v. Monday

Opinion

HOLLENHORST, Acting P. J.

Defendant and appellant Kevin Wayne Monday pleaded guilty to violating Health and Safety Code section 11378 (possession for sale of a controlled substance—in this case, methamphetamine). By this appeal he challenges only the trial court’s finding that a motor vehicle was involved in the offense within the meaning of Vehicle Code section 13202, subdivision (a), and the order that his driver’s license be suspended for one year. We hold that the circumstances justified the application of the statute and affirm the judgment.

Facts

The facts are not in dispute and are taken primarily from the testimony at the preliminary hearing.

[1491]

While executing a search warrant at the residence of a third party, deputies from the San Bernardino County Sheriff’s Office observed a vehicle approach without its lights on. When the deputies shined a flashlight into the car’s interior, they observed the passengers to be armed with shotguns. As a result, defendant, the driver, was asked to get out of the car. He confirmed ownership of the numerous weapons in the vehicle, and methamphetamine was found on his person during a booking search at the jail. Defendant admitted routinely selling methamphetamine.

Following his plea, defendant told the probation officer that his wife had thrown him out of the house on the day of his arrest, which accounted for the presence of the armory in his vehicle.

Discussion

Vehicle Code section 13202, subdivision (a), permits the court to suspend a license, or to order the Department of Motor Vehicles to revoke a license, where the person concerned has been convicted “of any offense related to controlled substances as defined in Division 10 (commencing with Sec. 11000) of the Health and Safety Code when the use of a motor vehicle was involved in, or incidental to, the commission of the offense.”

1

Defendant relies on this court’s decision in

People

v.