People v. Jones CA3

Filed 4/13/21 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Plumas) ----

THE PEOPLE, C091521

Plaintiff and Respondent, (Super. Ct. No. F1900244)

v.

KATRISA LEE JONES,

Defendant and Appellant.

Appointed counsel for defendant Katrisa Lee Jones has asked this court to conduct an independent review of the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We find no arguable error in defendant’s favor, but have identified sentencing errors that require correction. The convictions are affirmed and the matter is remanded for resentencing. I. BACKGROUND A local resident found identification for defendant on the side of the road and turned it over to Plumas County Sheriff’s Deputy Juan Cervantes. Cervantes was

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familiar with defendant from prior contacts. He ran a status check of the license and learned she had a valid Oregon driver’s license, but not a valid California driver’s license. The next day, Cervantes saw defendant driving and pulled her over for driving without a valid license. She was involuntarily grinding her teeth, speaking rapidly, and had animated, restless movement. Based on his training and experience, he suspected she was on methamphetamine. He conducted field sobriety tests and determined she was under the influence of a stimulant. He arrested her and conducted an inventory search of her car. In the car, under the driver’s seat, he found a bag with three baggies of methamphetamine, a glass pipe, straw, and small blue pill. The baggies contained 1.18 grams, 4.35 grams, and 25.46 grams of methamphetamine. The larger amount was more consistent with sales than personal use. The total of 31.13 grams was equal to approximately 622 doses of the typical .05 gram dosage. One gram of methamphetamine is worth approximately $100. Cervantes also found a digital scale on the floor of the backseat. Based on the amount of methamphetamine, officers obtained a search warrant for defendant’s home. Detective Chris Hendrickson searched defendant’s room and found several unused, empty baggies. They did not find any other indicia of sales in her room. Hendrickson opined the amount of methamphetamine and the way it was packaged alone were sufficient to indicate the possession was for sales. A jury found defendant guilty as charged of transportation for sale of a controlled substance (Health & Saf. Code, § 11379, subd. (a)) and possession of a controlled substance for sale (Health & Saf. Code, § 11378). The trial court sentenced her to the upper term of four years on the transportation conviction and stayed the sentence on the possession conviction. The trial court awarded defendant 130 days presentence custody credit. The trial court ordered defendant to pay a $300 restitution fine (Pen. Code,