DeHoyos

INTRODUCTION

A jury convicted Gary Richard DeGraff and Veronica Lorraine DeHoyos of

possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a).) The trial

court suspended imposition of their sentences for three years and granted them formal

probation.

They both appeal. DeGraff contends we must reverse his conviction because the

trial court erred in failing to suppress the evidence against him. DeHoyos contends

recent amendments to Health and Safety Code section 11377 require we reduce her

conviction to a misdemeanor and remand the matter for resentencing. We are

unpersuaded by these contentions and affirm the judgment.

BACKGROUND1

Prosecution Evidence

Search of DeGraff

San Diego Police Officers Andres Ruiz and Tyler Cockrell approached DeGraff

while DeGraff was outside in front of his home cleaning his car. At the time, DeGraff's

home was known to be a location where narcotics sales occurred. DeGraff agreed to

speak with Ruiz. Ruiz asked him if he had ever been arrested and he stated he had. Ruiz

asked him whether he was on probation or parole and he stated he was on probation.

Ruiz asked whether he could search him and he responded, "Yes.…