Berry

Appellant Lisa Lynne Berry was convicted by a jury on one count of possession of methamphetamine for sale, a violation of Health and Safety Code section 11378. She raises only one issue on appeal, claiming her trial counsel was ineffective because of his failure to move for suppression of the fruits of Berry’s un-Mirandized statement after successfully excluding the statement itself. We will hold that the challenged evidence was admissible under the inevitable discovery doctrine; thus, a suppression motion would have been futile so the failure to move was not ineffective assistance of counsel. Accordingly, we will affirm.

Facts

On November 1, 1988, at approximately 11:30 p.m., Kern County Sheriff’s deputies executed a search warrant at 2554 Desert Street in Rosamond. A significant quantity of controlled substances was found in the residence. The house had been rented by Berry’s mother, Rebecca Durham, for years. Durham, however, claimed at trial she no longer lived there but merely stored extra belongings and her collection of poisonous snakes in the house. Rusty Ness was a tenant of Durham’s. He slept in the northeast bedroom of the house. He did not have access to the…