People v. Smith CA3

BACKGROUND

On July 22, 2012, law enforcement found defendant sitting in the front passenger seat of a car in the Cache Creek Casino parking lot. Two other individuals were also in the car. Inside the car, law enforcement found a glass pipe with 0.10 grams of methamphetamine in it and a small vial containing another 0.10 grams of methamphetamine. Defendant admitted to law enforcement that she was under the influence of methamphetamine, and that she had smoked methamphetamine from the pipe found in the car. Defendant was charged with transporting methamphetamine (§ 11379, subd. (a)), possession of methamphetamine (§ 11377, subd. (a)), possession of paraphernalia (§ 11364, subd. (a)), and being under the influence of a controlled substance (§ 11550, subd. (a)). The People further alleged defendant was twice previously convicted of drug- related charges, including possession of a controlled substance for purposes of sale. (§ 11378.) Defendant pleaded not guilty to all charges and on April 24, 2013, a jury found her guilty as charged. The trial court later found true the allegations that defendant was previously convicted of two drug-related offenses and awarded defendant probation…