People v. White CA5

Filed 8/1/16 P. v. White 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F072486 Plaintiff and Respondent, (Super. Ct. No. BF156071A) v.

KATHLEEN MICHELLE WHITE, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. John S. Somers, Judge. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II for Plaintiff and Respondent. -ooOoo-

*Before Levy, Acting P.J., Kane, J., and Smith, J.

INTRODUCTION After denial of her motion to suppress, appellant Kathleen Michelle White entered into a plea agreement whereby she pled guilty to one misdemeanor count of violating Health and Safety Code section 11357, subdivision (c), possession of more than one ounce of marijuana. In exchange for her plea, a felony charge of possession for sale was dismissed, and White was accepted into the deferred-entry-of-judgment program set forth in Penal Code1 section 1000. White appealed, contending the trial court erred in denying the motion to suppress. We affirm. FACTS AND PROCEDURAL HISTORY There was no trial, as White pled guilty to a misdemeanor pursuant to a plea bargain. On June 3, 2015, White was charged with one felony count of possession of marijuana for sale, a violation of Health and Safety Code section 11359. At the June 10, 2015 arraignment, White appeared with the public defender and pled not guilty. On June 11, 2015, White filed a motion to suppress pursuant to section 1538.5, contending the warrantless search was conducted without consent and in violation of the Fourth Amendment. The People filed an opposition to the motion, contending the entry into White’s residence was consensual. A hearing on the suppression motion was held on September 15, 2015. Deputy Sheriff Brandon Gherity testified at the suppression hearing. On the morning of October 28, 2013, Gherity received an anonymous tip that the person living in space No. 35 at a trailer park on State Route 178 was selling large quantities of marijuana. Later that day, Gherity drove out to the trailer park and knocked on the door of the trailer occupying space No. 35. Gherity stepped back off the trailer’s porch and stood on the