People v. Ornelas CA5

Filed 12/1/15 P. v. Ornelas 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F068444 Plaintiff and Respondent, (Super. Ct. No. BF140931A) v.

YVONNE ORNELAS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael E. Dellostritto, Judge. Catherine White, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Jeffrey A. White, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Franson, Acting P.J., Peña, J. and Smith, J.

INTRODUCTION On October 6, 2013, a jury found defendant guilty of transportation of heroin, possession of heroin for sale, driving under the influence, use of a controlled substance, and possession of drug paraphernalia.1 The trial court sentenced defendant to an aggregate term of eight years in prison. On appeal, defendant contends there was insufficient evidence to support her conviction for driving under the influence. We affirm. FACTS On March 2, 2012, at 7:58 p.m., California Highway Patrol Officer Matthew Iturriria received a call regarding a vehicle blocking a roadway. When Iturriria arrived at the scene, he observed a white Buick stopped in the road, and defendant asleep behind the wheel. The vehicle was not running. Iturriria approached the car, woke up defendant, and noticed she was lethargic, slurring her words, and demonstrating unsteady coordination. Upon questioning by Iturriria, defendant stated she had been driving home from the store when her car died approximately four houses from her residence. When asked about drug use, defendant admitted she had taken four Xanax tablets an hour earlier. Iturriria then administered a field sobriety test, which defendant failed. Based on the circumstances, defendant’s statements, and Iturriria’s observation of signs of injection, Iturriria placed defendant under arrest for driving under the influence. A search incident to that arrest yielded a syringe and 2.94 grams of heroin, an amount Iturriria testified was indicative of possession for purposes of sale rather than personal use. Following defendant’s arrest, she again admitted to taking four Xanax tablets, and stated she may have used heroin, but could not remember. Defendant continued to