People v. Ramos

Filed 1/22/16

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G050315

v. (Super. Ct. No. 13WF1004)

GLORIA RAMOS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Carla Singer, Judge. Reversed in part, affirmed in part, and remanded for further proceedings. Correen Ferrentino, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Melissa Mandel, Alana Cohen Butler and Laura Baggett, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found defendant Gloria Ramos guilty of several crimes, including transportation of heroin (Health & Saf. Code, § 11352, subd. (a) (section 11352)), and possession of methamphetamine for sale (Health & Saf. Code, § 11378 (section 11378)), both with various firearm enhancements. The court granted probation and ordered defendant to serve 365 days in jail. Defendant contends her transportation of heroin conviction must be reversed, and may not be retried, in light of a recent amendment to section 11352 that makes transportation for sale, i.e., non-personal use, an element of the charge. The People concede the amendment applies, but argue the conviction should nevertheless be affirmed under the harmless error standard of review. Alternatively, the People contend retrial on the transportation of heroin charge is not barred by the double jeopardy clause. Defendant also contends her possession of methamphetamine for sale conviction must be reversed because there is insufficient evidence to prove she harbored any intent to personally sell the methamphetamine. The People disagree and argue there is sufficient evidence defendant possessed the methamphetamine with the intent to sell it. We conclude the transportation of heroin conviction must be reversed and remanded for further proceedings, but there is substantial evidence defendant possessed the methamphetamine with the requisite intent to sell it, so we affirm that conviction. FACTS On April 4, 2013, Costa Mesa Police detectives George Maridakis and Jacob Slechta, and Patrol Officer Sean Leffingwell were watching a Nissan Versa as part of a narcotics investigation. The Nissan belonged to Roger Hernandez, defendant’s husband and a well-known drug dealer. At one point the police observed Hernandez take a duffle bag from someone he encountered on the street and put it in the trunk of the Nissan. About 20 minutes later, Leffingwell stopped the Nissan at Maridakis’s direction. Hernandez was the driver and defendant was the front seat passenger.