Ammons

Defendant, Harriet Josephine Ammons, appeals from a judgment finding her guilty of voluntary manslaughter (Pen. Code, § 192) and not guilty by reason of insanity, and committing her to Napa State Hospital (Pen. Code, § 1026) for four years, pursuant to In re Moye (1978) 22 Cal.3d 457 [ 149 Cal.Rptr. 491 , 584 P.2d 1097 ]. She contends that: 1) the warrantless entry and search of her home were unlawful; 2) the evidence and information obtained as the result of the unlawful entry were fruits of the poisonous tree, and in any event, the court erred in ruling that they were properly admitted under the inevitable discovery rule; 3) her confession to her family physician was inadmissible; 4) the search warrant subsequently obtained was invalid as it was based on illegally obtained evidence; and 5) she was deprived of due process by the destruction of certain tape recordings. For the reasons set forth below, we have concluded that the judgment must be affirmed.

The record reveals the following pertinent facts: About 9:30 a.m. on Monday, July 11, 1977, Officer Joseph Ramos was dispatched to check on the welfare of one Joseph Ammons. Ernest Moya, Ammons’ supervisor at Mare…