People v. Johnson CA3

Filed 10/31/14 P. v. Johnson CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE,

Plaintiff and Respondent, C073888

v. (Super. Ct. No. CRF12410)

HEIDI RENEE JOHNSON,

Defendant and Appellant.

Appointed counsel for defendant Heidi Renee Johnson asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant pleaded no contest to transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)),1 with a stipulation

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

1

from the People that the transportation was not for the purpose of sale. After defendant’s conviction and sentencing, but while her case was pending on appeal, the Legislature amended section 11379 to provide that “transports” means to transport for sale. (Stats. 2013, ch. 504, § 2.) We directed the parties to submit supplemental letter briefs addressing the impact of that amendment on the proper disposition of this case. The parties agree that defendant is entitled to the benefit of the amendment and that defendant’s conviction for transportation of a controlled substance must be reversed. Based on our review of the entire record and the supplemental briefs submitted by the parties, we agree that defendant’s conviction and sentence for transportation of a controlled substance must be reversed. We will remand the matter for further proceedings consistent with applicable law. BACKGROUND Because the matter was resolved by plea, our statement of facts is taken from the probation officer’s report. In April 2012, a Marysville police officer saw Brandi Nicole Davis driving a car. The officer knew Davis was an unlicensed driver and conducted a traffic stop. The officer observed defendant, a passenger in the car, moving her body in a manner consistent with concealing an object on her person. Defendant told the officer she was on summary probation with a search clause. A search yielded 13.11 grams of methamphetamine and a glass pipe with burn marks. In an interview, defendant claimed the methamphetamine belonged to Davis, who had coerced her into hiding it, but she admitted the glass pipe belonged to her. A complaint charged defendant with transportation of a controlled substance (§ 11379, subd. (a) -- count 1), possession of a controlled substance for sale (§ 11378 -- count 2), and possession of an instrument or paraphernalia for injecting or smoking a