People v. White CA5

INTRODUCTION

After denial of her motion to suppress, appellant Kathleen Michelle White entered into a plea agreement whereby she pled guilty to one misdemeanor count of violating Health and Safety Code section 11357, subdivision (c), possession of more than one ounce of marijuana. In exchange for her plea, a felony charge of possession for sale was dismissed, and White was accepted into the deferred-entry-of-judgment program set forth in Penal Code1 section 1000. White appealed, contending the trial court erred in denying the motion to suppress. We affirm.

FACTS AND PROCEDURAL HISTORY

There was no trial, as White pled guilty to a misdemeanor pursuant to a plea bargain. On June 3, 2015, White was charged with one felony count of possession of marijuana for sale, a violation of Health and Safety Code section 11359. At the June 10, 2015 arraignment, White appeared with the public defender and pled not guilty. On June 11, 2015, White filed a motion to suppress pursuant to section 1538.5, contending the warrantless search was conducted without consent and in violation of the Fourth Amendment. The People filed an opposition to the motion, contending the entry into White’s residence…