People v. Mode CA1/5

BACKGROUND

In April 2012, appellant was arrested on an outstanding civil warrant. The arresting officer searched appellant’s purse and found two vials containing a substance later determined to be methamphetamine. A glass pipe containing white crystalline residue was also found in appellant’s purse. Results of a field test showed the residue was presumptively positive for methamphetamine; however, the residue was not analyzed by the California Department

1 of Justice.1 A law enforcement officer, testifying as an expert in the use of methamphetamine, testified the pipe was a methamphetamine pipe. In his opinion, it looked like a pipe that had been used to smoke methamphetamine. Appellant was charged with possession of methamphetamine (Health & Saf. Code, § 11377)2 and possession of drug paraphernalia (§ 11364, subd. (a)).3 She was also charged with two additional counts of which she was not convicted and which are not relevant to this appeal. Following a jury trial, she was convicted of possession of methamphetamine and paraphernalia. This appeal followed.

DISCUSSION

In response to a question submitted by the jury during deliberations, the trial court instructed the jury that…