People v. Leisure CA3

Filed 7/11/14 P. v. Leisure CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Trinity)

THE PEOPLE, C072770

Plaintiff and Respondent, (Super. Ct. No. 12F052B)

v.

VALERIE LYNN LEISURE,

Defendant and Appellant.

A jury found defendant Valerie Lynn Leisure guilty of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1)), and possession of controlled substance paraphernalia. (Health & Saf. Code, § 11364, subd. (a).) The firearms and ammunition were discovered in a motor home parked next to the shed in which she was living.

1

FACTUAL AND PROCEDURAL BACKGROUND In February 2012, sheriff’s deputies served a search warrant for codefendant Charles French at 1883 Morgan Hill Road in Trinity County. The property, consisting of approximately 10 acres, belonged to French’s sister, Tasha Camarena. Camarena lived in a trailer on the upper section of the property, and defendant and French lived in a converted shed or garage in the lower part of the property. Next to the shed on the lower section was a pad where a house had been before it burned down, and several trailers, cars, and a yellow Dodge van-style motor home and an SUV. Officers found a woman named Julie Woolum living in one of the trailers. Woolum was arrested on an outstanding warrant. Defendant was in the converted shed when the officers arrived. Inside this residence, officers found a small amount of methamphetamine, one glass methamphetamine pipe, and another glass methamphetamine pipe that was stuck inside a marijuana pipe. The methamphetamine was located inside a cigarette case etched with the word “Dink” or “Dinky.” Dinky was French’s nickname. One of the officers asked defendant where to find the keys to the Dodge. She directed him to them, and he retrieved them. The keys to the Dodge van had French’s initials (CF) engraved on them. After locating the keys to the Dodge van, officers searched it, and found nine firearms, an assortment of ammunition matching the type of firearms found, and a large Rubbermaid tote containing packaged marijuana. A pellet gun was also removed from the van, which defendant identified as being hers. There was also some paperwork in the Dodge addressed to French. It was dated approximately a year and a half prior to the search. Defendant appeared familiar with some of the weapons found in the Dodge, and knew they were in the vehicle. She appeared surprised that some of the other guns were there. She said she was surprised at the marijuana because she said French did not smoke marijuana. French testified he had never seen any