Baker

PROCEDURAL AND FACTUAL SUMMARIES

On February 6, 2007, appellant Wendy Nichole Baker was charged by information filed in Kern County Superior Court with possession of methamphetamine, a violation of Health and Safety Code section 11377, subdivision (a). The information further alleged that Baker had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). After her motion to suppress evidence was denied, Baker entered a plea of no contest to misdemeanor possession of methamphetamine. At sentencing, the court suspended imposition of sentence and placed Baker on probation for three years pursuant to section 1210.1. After obtaining a certificate of probable cause, Baker appeals from the denial of her motion to suppress.

Baker was arrested after the car she was riding in as a passenger was stopped for speeding. When the officer approached the car after initiating the stop, the driver, a male, stated that he was on active parole. After confirming this information, the officer decided to conduct a search of the car pursuant to the terms of the driver’s parole. Baker was the only passenger in the car and seated in the front passenger seat. Her…