People v. Carter CA5

California Court of Appeal Nov 9, 2015 No. F068479Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the trial court did not abuse its discretion in revoking the defendant's probation, as substantial evidence supported the finding that the defendant violated probation by failing to obey all laws through the possession and transportation of methamphetamine. The court also ordered clerical corrections to the abstract of judgment and minute orders to accurately reflect the defendant's convictions and enhancements.

Issues

Did the trial court abuse its discretion in finding that the defendant violated her probation?
Was there substantial evidence to support the finding that the defendant possessed and transported methamphetamine?
Did the trial court err in its clerical recording of the defendant's convictions and enhancements?

Disposition. Affirmed with directions to correct clerical errors.

Quotations verified verbatim against the opinion

“The record supports the court’s finding that Carter violated her probation by her failure to obey all laws, because it was undisputed that Carter was driving while her driving privilege was suspended when Officer Lombardo pulled her over.”

“The court could reasonably find from these circumstances that Carter was in actual or constructive possession of the methamphetamine because she exercised dominion and control over the methamphetamine and the car.”

“In all other respects, the judgment is affirmed.”

Filed 11/9/15 P. v. Carter CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F068479 Plaintiff and Respondent, (Super. Ct. Nos. v. VCF271588A/VCF287052)

JANEL MARIE CARTER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Holly Jackson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, and Julie A. Hokans, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Peña, J.

Appellant Janel Marie Carter pled no contest in case No. VCF271588A to second degree robbery (count 1/Pen. Code, § 211),1 transportation of methamphetamine (count 6/Health & Saf. Code, § 11379, subd. (a)), and possession for sale of a controlled substance (count 7/Health & Saf. Code, § 11378), and she admitted an allegation in count 1 that a principal was armed during the commission of the offense charged in that count (§ 12022, subd. (a)(1)). In case No. VCF287052, Carter pled no contest to transportation of methamphetamine (count 1), and driving with a suspended license with a prior conviction (count 2/Veh. Code, § 14601.1, subd. (a)), and she admitted a prior conviction enhancement in count 1 (Health & Saf. Code, § 11370.2, subd. (c)) and allegations that she had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)- (i)). On appeal, Carter contends the court abused its discretion when it found that she violated her probation in case No. VCF271588A and sentenced her to prison. We affirm. FACTS On August 7, 2012, Carter drove Joshua Ashmun and Barry Dantzler to a liquor store in Visalia, California and waited outside while the men entered the store and used a rifle to rob the clerk. Shortly after the robbery, officers conducted a traffic stop on a car driven by Carter with Ashmun and Dantzler as passengers. A record check disclosed that Carter was unlicensed. Officers searched Carter’s purse and found a scale and three baggies containing methamphetamine (case No. VCF271588A). On August 9, 2012, the district attorney filed an information in case No. VCF271588A charging Carter with the three counts and enhancement she pled to in that case. On August 29, 2012, Carter entered her plea in case No. VCF271588A in exchange for an indicated sentence of felony probation with a suspended seven-year

People v. Carter CA5

AI Brief

More from California Court of Appeal

Related research

AI Brief