People v. Barrow CA5

Filed 10/31/13 P. v. Barrow 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, F065606

v. (Super. Ct. No. BF138534B)

ALEXIS DANIELLE BARROW, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Francine R. Tone, 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., Poochigian, J., and Franson, J.

Appellant, Alexis Danielle Barrow, was convicted after a bench trial of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On September 14, 2011, at around 10:00 p.m., Bakersfield Police Officer Nicole Shihrer contacted Barrow at the Tropicana Hotel. Officer Shihrer asked Barrow if she was on probation with search terms and she responded that she was, which Shihrer confirmed with a records check. Shihrer did a patdown search of Barrow in a motel room and did not find anything. Shihrer noticed Barrow was extremely nervous, fidgety, and shaking and when Shihrer asked Barrow to stand up to be searched again, she began shaking her right leg. This indicated to Shihrer that Barrow might be trying to remove narcotics from her person or drop them from inside her pant legs. Shihrer then took Barrow into a bathroom, searched her a second time, and located a hard object by her right knee. As Shihrer manipulated the object to see what it was, a yellow ziplock bag containing several individual baggies of methamphetamine fell out of the bottom of her pant leg. On October 6, 2011, the district attorney filed an information charging Barrow with possession of methamphetamine and a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)). On December 27, 2011, defense counsel filed a motion to suppress. On January 4, 2012, defense counsel filed a motion to disclose the identity of a confidential informant. On March 15, 2012, at the request of the defense, the motion to disclose the identity of a confidential informant was dropped from the calendar. On April 23, 2012, Barrow waived her right to jury trial.