People v. Smith CA3

Filed 6/23/14 P. v. Smith CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo)

THE PEOPLE, C073638

Plaintiff and Respondent, (Super. Ct. No. CR-F-12- 0002896 ) v.

RENEE MICHELLE SMITH,

Defendant and Appellant.

A jury found defendant Renee Michelle Smith guilty of transporting methamphetamine, possession of methamphetamine, possession of drug paraphernalia, and being under the influence of a controlled substance. The trial court later found true allegations that defendant was twice previously convicted of drug-related offenses. The trial court granted defendant probation. Defendant appeals. Defendant’s sole claim on appeal is that under In re Estrada (1965) 63 Cal.2d 740 (Estrada), the recent amendments to Health and Safety Code section 113791 (transportation of methamphetamine) should be applied retroactively to reverse her drug

1 Undesignated statutory references are to the Health and Safety Code.

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transportation conviction. The People agree with defendant’s contention and so do we. Accordingly, we reverse defendant’s drug transportation conviction but affirm the judgment in all other respects. BACKGROUND On July 22, 2012, law enforcement found defendant sitting in the front passenger seat of a car in the Cache Creek Casino parking lot. Two other individuals were also in the car. Inside the car, law enforcement found a glass pipe with 0.10 grams of methamphetamine in it and a small vial containing another 0.10 grams of methamphetamine. Defendant admitted to law enforcement that she was under the influence of methamphetamine, and that she had smoked methamphetamine from the pipe found in the car. Defendant was charged with transporting methamphetamine (§ 11379, subd. (a)), possession of methamphetamine (§ 11377, subd. (a)), possession of paraphernalia (§ 11364, subd. (a)), and being under the influence of a controlled substance (§ 11550, subd. (a)). The People further alleged defendant was twice previously convicted of drug- related charges, including possession of a controlled substance for purposes of sale. (§ 11378.) Defendant pleaded not guilty to all charges and on April 24, 2013, a jury found her guilty as charged. The trial court later found true the allegations that defendant was previously convicted of two drug-related offenses and awarded defendant probation pursuant to Proposition 36/Penal Code section 1210.1. Defendant appeals. DISCUSSION On appeal, defendant contends that under Estrada, the recent amendments to section 11379 (transportation of methamphetamine) should be applied retroactively to reverse her drug transportation conviction. Defendant argues there was no evidence admitted at trial that she was transporting methamphetamine for purposes of sale. She