People v. Modesto CA4/2 ( 2016 )

Filed 7/21/16 P. v. Modesto CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E065413
v. (Super.Ct.No. SWF1402786)
VERONICA JENNIE MODESTO, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Judith C. Clark, Judge.
Affirmed.
Kristen Owen, under appointment by the Court of Appeal, for Defendant and
Appellant.
No appearance for Plaintiff and Respondent.
FACTUAL AND PROCEDURAL HISTORY
A. PROCEDURAL HISTORY
On September 15, 2015, an information charged defendant and appellant Veronica
Jennie Modesto with possession of a controlled substance, heroin, in violation of Health
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and Safety Code section 11350, subdivision (a), a felony (count 1); and bringing and
sending into and assisting in bringing into and sending into and within the grounds of
Larry Smith Correctional Facility a narcotic, heroin, in violation of Penal Code section
4573, a felony (count 2).
The information also alleged that defendant suffered two prior convictions within
the meaning of Penal Code section 667.5, subdivision (b), and that one of the prior
convictions was a serious and violent felony within the meaning of Penal Code sections
667, subdivision (c) and (e)(1), and 1170.12, subdivision (c)(1).
On November 16, 2015, defendant pled guilty to both counts and admitted to the
priors. On December 15, 2015, the court denied defendant’s motion to dismiss the strike
and prison priors. The court then imposed the midterm (three years) for the principal
count, count 2, doubled by the strike prior, for a total of six years in state prison. As to
count 1, the court imposed one-third the midterm (eight months), doubled by the strike
prior, for one year four months, to run consecutive to count 2, plus an additional one year
for each of the two prison priors (Pen. Code, § 667.5, subd. (b)), to run consecutive, for a
total of nine years four months in state prison. The trial court awarded 392 days of credit,
and ordered defendant to pay restitution fines and fees.
On February 2, 2016, defendant timely filed a notice of appeal; the notice was
accompanied by a request for a certificate of probable cause. On February 3, 2015, the
trial court granted defendant’s request for a certificate of probable cause.
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B. FACTUAL HISTORY1
On September 25, 2014, deputies were dispatched to a Motel 6 in Hemet to assist
parole agents with apprehending a subject with a felony warrant. The parole agents went
to room 228 and directed the male and two females to exit the room. Defendant was later
identified as one of the females. Defendant had an active felony warrant for a violation
of postrelease community supervision.
Because of her postrelease search terms, deputies advised defendant she and her
belongings would be searched. Defendant told deputies she had a syringe with heroin in
her purse. The deputies found the syringe; it contained five units of dark brown liquid
that later tested positive for heroin. Defendant admitted the syringe was hers; she was
transported by deputies to the sheriff’s station.
Upon arrival at the sheriff’s station, deputies inquired whether defendant had
additional drugs, weapons or contraband on her body. Defendant was advised that she
would face additional charges if she brought drugs into the facility. Defendant said she
understood the advisement, and that she did not have any drugs on her.
During booking, correctional officers “strip searched” defendant; a piece of plastic
was seen extending outside of her vagina. Defendant initially refused to retrieve the
plastic bag for officers, but eventually, defendant retrieved the plastic bag voluntarily.
The plastic bag contained a brown tar-like substance; the substance tested positive for
heroin.
1 Defendant pled guilty to both counts; therefore, the facts related to the
underlying charges are taken from the probation report.
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DISCUSSION
After defendant appealed, and upon her request, this court appointed counsel to
represent her. Counsel has filed a brief under the authority of People v. Wende (1979) 25
Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the
case, a summary of the facts, and potential arguable issues, and requesting this court to
undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, but she
has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we
have independently reviewed the record for potential error and find no error.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER
J.
We concur:
McKINSTER
Acting P. J.
SLOUGH
J.
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