People v. Reyes CA5

BACKGROUND

Charges The Kern County District Attorney charged Reyes with two crimes: Transporting methamphetamine with intent to sell (Health and Saf. Code, § 11379, subd. (a); Count 1) and possessing methamphetamine with intent to sell (Health and Saf. Code, § 11378; Count 2). It was further alleged Reyes suffered prior strike convictions (Pen. Code, §§ 667, subds. (c)-(j) & 1170.12, subds. (a)-(e)). Evidence Law enforcement officers detained a vehicle in which Reyes was a passenger. She was ordered out of the car and, while complying, left her purse on the “center console.”

Reyes’s challenge to fines and fees imposed as part of the judgment is moot.

2. The driver was similarly ordered out of the car. He did not comply without hesitation. Prior to exiting, “he grabbed the purse” and “tr[ied] to get out of the car with it in his hand.” An officer directed him to leave it in the car and it was placed on “the rear floorboard.” While on scene, officers searched the purse and found it contained approximately 60 grams of methamphetamine. An officer questioned Reyes. Reyes initially denied possessing the drugs. The officer accused of her lying. Eventually, Reyes confessed. The…