People v. Stephens CA2/6

Filed 6/24/14 P. v. Stephens CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION SIX

THE PEOPLE, 2d Crim. No. B248743 (Super. Ct. No. 2011032755) Plaintiff and Respondent, (Super. Ct. No. 2011005304) (Ventura County) v.

CARRIE ANN STEPHENS,

Defendant and Appellant.

Carrie Ann Stephens appeals her conviction by plea in a consolidated action to possession of methamphetamine (count 1; Health & Saf. Code, § 11377, subd. (a)) and possession of a controlled substance (count 4; Health & Saf. Code, § 11375, subd. (b)(2)). Pursuant to a negotiated plea, the trial court reduced count 1 to a misdemeanor (Pen. Code, § 17, subd. (b)) and granted probation (Pen. Code, § 1210.1). Appellant contends that the trial court erred in denying her motion to suppress evidence on count 4 for possession of a controlled substance. (Pen. Code, § 1538.5.) We affirm.. Search of Appellant's Motor Home On February 10, 2011, a 911 operator at the Ventura County Sheriff's Department received a call that transients in a motor home were stealing water from a property owner's water spigot. The caller said that the motor home was cream colored

and parked at the intersection of Crooked Palm Road and North Ventura Avenue in Ventura. Responding to the call, Deputy Sheriff Dave Johnson knocked on the motor home door to speak to the owner. A woman in her mid 20s, appellant's daughter opened the door and gestured to appellant. Appellant came to the door and said that she owned the motor home. Deputy Johnson explained that he had received a call that someone was stealing water and asked appellant to step outside and talk. Appellant came out of the motor home. She showed symptoms of methamphetamine use: she was nervous and fidgety and had pick marks on her face. Deputy Johnson asked if appellant was using illegal substances. Appellant was argumentative and said "it had been a couple of years." Deputy Johnson performed a drug abuse recognition evaluation, determined that appellant was under the influence, and again asked if appellant was using drugs. Appellant said that she was "slamming" (injecting) methamphetamine. She consented to a search of the motor home. It took about an hour to search the motor home because it was cluttered with clothing, boxes, blankets, and dirty dishes. At the foot of the bed, in a first aid kit, Deputy Johnson found nine hypodermic needles, a metal spoon with a white crystal-like substance that resembled methamphetamine, and pills that turned out to be Xanax, hydrocodone and Vicodin. Appellant was arrested and transported to the police station. Waiving her Miranda rights (Miranda v. Arizona (1966) 384 U.S. 436 [16 L.Ed.2d 694]), appellant said "I messed up." During the interview, which was taped, appellant admitted using methamphetamine and admitted owning the hypodermic needles and methamphetamine. Appellant said that everything in the first aid kit was hers except the pills. Appellant was asked: "DJ [Deputy Johnson]: . . .[Y[ou gave me consent to search your motor home, that correct? "CS [appellant]: That's correct.