People v. Ray CA5

Filed 7/25/16 P. v. Ray 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F070651 Plaintiff and Respondent, (Super. Ct. No. BF155459A) v.

BRIDGET LEA RAY, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Colette M. Humphrey, Judge. Gordon B. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

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

INTRODUCTION After denial of a motion to suppress, appellant Bridget Lea Ray entered into a plea agreement whereby she pled no contest to one count of violating Penal Code section 4573, bringing a controlled substance into jail. In exchange for her plea, other charges were dismissed and the agreed upon sentence would be 120 days work release, 240 hours community service, and three years’ probation. Ray was sentenced in accordance with the plea agreement. Ray timely appealed. Appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. FACTUAL AND PROCEDURAL SUMMARY On June 12, 2014, Deputy Sheriff Ben Harmonson was dispatched to check on the welfare of a woman slumped over the steering wheel of a parked car. When he arrived at the location, he saw Ray slumped over the steering wheel with an open container of alcohol in the cup holder next to her. Harmonson knocked on the window of the car several times; Ray woke up; and Harmonson asked her to open the locked door so he could speak with her. Harmonson noticed that Ray was talking rapidly and had a hard time holding still. He took her pulse and found it was elevated to 148 beats per minute. Harmonson radioed dispatch to run a records check on Ray. Dispatch reported that Ray had two outstanding misdemeanor warrants. Harmonson handcuffed Ray and did a search incident to arrest. In the search incident to arrest, Harmonson found a baggie of marijuana in one of Ray’s pockets. Harmonson asked if Ray had a marijuana card; she indicated she did. When asked where her marijuana card was, Ray stated it was in her purse; her driver’s license also was in the purse. Harmonson asked if he could look through her purse for these two items; Ray gave him permission. When Harmonson looked at the purse, there was a glass stem or tube sticking out of it in plain sight. There was a white crystalline substance in the tube. Based upon his