People v. Contreras CA3

Filed 10/27/15 P. v. Contreras CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C076288

v. (Super. Ct. No. CR113291)

HEATHER GLADYE CONTRERAS,

Defendant and Appellant.

Defendant Heather Gladye Contreras appeals from her conviction of transportation of methamphetamine. (Health & Saf. Code, § 11379, subd. (a).)1 On appeal, she contends the trial court erred in denying her motion to dismiss the conviction based upon recent amendments to section 11379. We conclude the record shows the trial court’s order suspended imposition of sentence and defendant was subject only to the terms and conditions of probation. Thus, the recent amendments to section 11379 apply to

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

1

defendant’s conviction for transportation of methamphetamine. Accordingly, we reverse and dismiss the conviction. Factual and Procedural History On July 3, 2011, a law enforcement officer was investigating an expired registration for a truck. Defendant was a passenger in the truck. During a consensual search, the officer discovered defendant was in possession of eight baggies containing methamphetamine. Defendant was charged with transportation of methamphetamine (§ 11379, subd. (a)--count 1) and with possession of the same methamphetamine for sale (§ 11378--count 2). On February 1, 2012, a jury convicted defendant of count 1, acquitted her of count 2 (§ 11378, possession for sale), but found her guilty of the lesser included offense of possession of methamphetamine. (§ 11377, subd. (a).) On April 18, 2012, the trial court granted defendant probation for three years and ordered her to serve 120 days in county jail, with the jail term stayed pending her successful completion of probation. On April 19, 2012, defendant filed a notice of appeal, but the appeal was dismissed by this court on September 13, 2012, because she did not file an opening brief or request appointment of counsel. The remittitur issued on November 15, 2012, and defendant remained on probation. On December 23, 2013, defendant filed a motion for early termination of her probation and requested the trial court to reduce her possession of methamphetamine conviction from a felony to a misdemeanor pursuant to Penal Code section 17, subdivision (b). While defendant’s probation termination motion was pending in the trial court, the Legislature amended sections 11379 and 11352 (Amendment), which added subdivision