People v. Lute CA6

Filed 6/24/15 P. v. Lute CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041187 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS121672A)

v.

ROSHAUWNDA DENISE LUTE,

Defendant and Appellant.

Defendant Roshauwnda Denise Lute pleaded no contest to possession for sale of methamphetamine and admitted a prior felony drug conviction. The court suspended imposition of sentence and placed Lute on three years’ probation. Lute violated the conditions of her probation several times over the ensuing six months. As a result of those admitted violations, the court revoked her probation and sentenced her to six years in county jail. Lute’s counsel has filed an opening brief in which no issues are raised and asks this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified Lute of her right to submit a written argument on her own behalf, but she has not done so. Pursuant to Wende, we reviewed the entire record and have concluded that there are no arguable issues on appeal. As required by People v. Kelly (2006) 40 Cal.4th 106, 110, we will provide “a brief description of the facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” We will

further include information about aspects of the trial court proceedings that might become relevant in future proceedings. (Id. at p. 112.) I. FACTUAL AND PROCEDURAL BACKGROUND1 Shortly after midnight on September 4, 2012, Nicholas Borges, a sergeant with the Seaside Police Department in Monterey County, observed Lute getting into a vehicle at the intersection of Mingo Avenue and Soto Street in Seaside. Police had received citizen complaints about drug sales in the area and Borges was aware of two drug houses in the immediate area. Borges pulled up behind the vehicle, turned on his spotlight, and approached the vehicle. The driver told Borges he was giving Lute, who he knew only as “Baby,” a ride. Borges recognized Lute from prior encounters. The driver’s pupils were dilated and he appeared to be trying to conceal something under his seat. After other officers arrived, the driver and Lute were asked to exit the vehicle. Lute consented to a search of her purse, in which officers found a digital scale with flakes of a white substance on it. Officers confirmed there was an active misdemeanor arrest warrant for Lute. They placed her under arrest and asked her if there was anything illegal on her person. Lute said she had a pipe, which officers found sticking out of the front of her waistband. Sergeant Borges testified the pipe was a homemade pipe of the sort used to smoke methamphetamine. Officers observed a baggie sticking out of the front of Lute’s shirt. She was moving her chin in an apparent attempt to retrieve the bag with her mouth. Inside the baggie were two smaller baggies containing a total of 2.7 grams of a substance that testing confirmed was crystal methamphetamine, three pills that testing showed was ecstasy, and six pills Borges identified as Oxycontin. When Lute was booked at the jail, $40 in cash was found in her bra. Borges opined Lute possessed the drugs for purposes of sale based on Lute’s