People v. Dignan CA5

Filed 4/27/22 P. v. Dignan 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081229, F081232 Plaintiff and Respondent, (Super. Ct. Nos. 19CMS2858, v. 18CM4785)

LYNN BEDRIJO DIGNAN, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Michael J. Reinhart, Judge. Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Darren K. Indermill, F. Matt Chen and Catherine Tennant Nieto, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Meehan, J. and Snauffer, J.

Appointed counsel for defendant Lynn Bedrijo Dignan asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant was advised of her right to file a supplemental brief within 30 days of the date of filing of the opening brief. Defendant did not respond. Finding no arguable error that would result in a disposition more favorable to defendant, we affirm. BACKGROUND On August 17, 2018, in case No. 18CM4785 (4785), during a probation search of a probationer’s residence where defendant was staying, officers searched defendant’s bag and found syringes containing a clear liquid, plastic zip bags containing methamphetamine, and a digital scale. Defendant admitted she injected methamphetamine. On September 11, 2018, in case No. 4785, the Kings County District Attorney charged defendant with possession of methamphetamine for sale (Health & Saf. Code, § 11378;1 count 1) and misdemeanor possession of drug paraphernalia (§ 11364, subd. (a); count 2). The complaint further alleged defendant had suffered a prior “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On February 5, 2019, defendant pled no contest to count 1 in exchange for six months’ probation, which the trial court subsequently granted on March 7, 2019. On April 29, 2019, in case No. 19CMS2858 (2858), officers conducted a traffic stop of defendant. When they searched her purse, they found syringes containing a clear liquid, plastic zip bags containing methamphetamine, hundreds of empty zip bags, an electronic scale, and a notebook with names and dollar amounts of $10 and $15. Officers arrested defendant and transported her to the county jail for possession of