People v. Jeffery

Opinion

GILBERT, P. J.

An error-free trial exists more in imagination than in reality. Many a judgment in a criminal case is tethered to the principle of harmless error. Errors that make no difference to the outcome of a case do not undermine the judgment. When a trial judge does not comply strictly with statutory requirements, the facts dictate whether an appellate court may conclude that a remand is unnecessary because it is reasonably probable the trial' court will reach the same decision. Here we conclude a remand is necessary.

Tina Louise Jeffery appeals a judgment of conviction following her nolo contendere plea to transportation of cocaine, possession of cocaine for sale, possession of methamphetamine for sale, and transportation of methamphetamine, with an admission of a prior narcotics conviction. (Health & Saf. Code, §§ 11352, subd. (a), 11351, 11378, 11379, subd. (a), 11370.2, subd. (a).) We conclude that the trial court erred by not stating with specificity its reasons for not committing Jeffery to the California Rehabilitation Center. We reverse and remand so that the trial court may do so. (Welf. & Inst. Code, § 3051.)

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FACTS AND PROCEDURAL HISTORY

In the early morning of January 19, 2005, San Luis Obispo Sheriff’s deputies executed a search warrant for a search of Jeffery and her Toyota automobile. Inside the automobile, the deputies discovered methamphetamine, cocaine, pay-and-owe sheets, scales, and drug paraphernalia. During a booking search, female deputies saw Jeffery conceal cocaine in her vagina. The deputies accompanied Jeffery to a hospital where a physician removed the cocaine. During the drive to the hospital, Jeffery stated that she brought narcotics from Fresno to sell in San Luis Obispo County because “there is a party on every street corner.”

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On July 27, 2005, Jeffery pleaded nolo contendere to transportation of cocaine, possession of cocaine for sale, possession of methamphetamine for sale, and transportation of methamphetamine. (Health & Saf. Code, §§ 11352, subd. (a), 11351, 11378, 11379, subd. (a).) She admitted that she suffered a prior narcotics conviction pursuant to section 11370.2, subdivision (a). The trial court agreed to sentence Jeffery to a prison term of five years, and to refer her for a psychological evaluation pursuant to section 3051. The trial judge stated that he was not “making any commitment” regarding a California Rehabilitation Center commitment.