People v. Johnson CA3

BACKGROUND

Because the matter was resolved by plea, our statement of facts is taken from the probation officer’s report. In April 2012, a Marysville police officer saw Brandi Nicole Davis driving a car. The officer knew Davis was an unlicensed driver and conducted a traffic stop. The officer observed defendant, a passenger in the car, moving her body in a manner consistent with concealing an object on her person. Defendant told the officer she was on summary probation with a search clause. A search yielded 13.11 grams of methamphetamine and a glass pipe with burn marks. In an interview, defendant claimed the methamphetamine belonged to Davis, who had coerced her into hiding it, but she admitted the glass pipe belonged to her. A complaint charged defendant with transportation of a controlled substance (§ 11379, subd. (a) -- count 1), possession of a controlled substance for sale (§ 11378 -- count 2), and possession of an instrument or paraphernalia for injecting or smoking a

2 controlled substance (§ 11364.1, subd. (a) -- count 3).2 Defendant pleaded no contest to the count 1 charge of transportation of a controlled substance in exchange for a grant of Proposition 36 probation…