People v. Peinado CA2/6

Filed 7/1/24 P. v. Peinado CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B328460 (Super. Ct. No. 21CR04401) Plaintiff and Respondent, (Santa Barbara County)

v.

TAMMIE LYNN PEINADO,

Defendant and Appellant.

Tammie Lynn Peinado appeals from the judgment after a jury convicted her of controlled substance and weapons offenses. She contends the evidence was seized in an unlawful search. We affirm. FACTUAL AND PROCEDURAL HISTORY The convictions are based on drugs and weapons police found in appellant’s jacket and purse and on her person. At the preliminary examination, the magistrate denied appellant’s motion to suppress the evidence. (Pen. Code, § 1538.5, subd. (f).) The superior court denied her renewed motion to suppress. (Pen. Code, § 1538.5, subd. (i).)

A police officer saw appellant’s car stopped for approximately five to 10 seconds on Miller Street near the busy intersection with Chapel Street. A man, A.G., was standing by the passenger side talking to the driver. One or two vehicles went around the stopped car. A.G. got into the car and it drove off. Officers could not see inside the car through its tinted windows. The officer followed the car in his marked patrol car and pulled it over. Appellant was in the driver’s seat. A.G. was in the front passenger seat. He told the officer he was on postrelease community supervision (PRCS). A large jacket was partially draped on appellant’s leg and partially on the center console. It was “folded up almost” and “almost wrapped up in a ball.” The officer told both occupants to get out of the car. A.G. complied. Appellant refused approximately 17 times. The officer stated he was going to conduct a PRCS search of the areas to which A.G. had access. She finally got out of the car but attempted to take the jacket with her. The officer did not know what might be in the jacket and was concerned it might contain a weapon. He told her to leave the jacket in the car and offered to give it to her after she exited the car. She did not respond to the offer but stated there was nothing in the jacket. She ultimately got out of the car without the jacket. The officer then began to search the car in “the immediate area where [the passenger] had access to.” When the officer grabbed the jacket, he felt a bulge of crystalized substance. Based on his experience, he recognized it as methamphetamine. He removed a clear plastic baggie containing what he recognized by sight as methamphetamine from the front pouch of the jacket. The officer then searched the car. In a purse directly