People v. Valdez CA2/5

I. INTRODUCTION

Defendant, Joann Galvan Valdez, appeals after pleading no contest to transportation or sale of: heroin (Health & Saf. Code, § 11352, subd. (a))1; marijuana (§ 11360, subd. (a)); and methamphetamine (§ 11379, subd. (a)). Defendant admitted the truth of a prior conviction allegation within the meaning of Penal Code sections 667, subdivision (e)(1), and 1170.12, subdivision (c)(1). She received a 10-year state prison sentence. We modify the oral pronouncement of judgment and direct that the abstract of judgment be amended. We affirm the judgment in all other respects.

II. DISCUSSION

A. Defendant’s Evidentiary Motions

Testimony at the preliminary and suppression hearings consistently established the following. Officer Brian Corletto initiated a traffic stop of defendant after she made an unsafe right turn without signaling. Officer Joie Tinajero arrived in a separate police car and proceeded to assist Officer Corletto. Both officers smelled marijuana in defendant’s Chevrolet Colorado. The officers searched defendant’s Chevrolet and discovered the heroin, marijuana and methamphetamine. Defendant’s theory of the case was that Officer Tinajero was in the police car…