P. v. Rigby

Filed 6/13/06 P. v. Rigby CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Tehama)

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A jury convicted defendant Barbara Jean Rigby of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a); count I) and misdemeanor driving with a suspended license (Veh. Code, § 14601.2, subd. (a)); count II). The jury found as to count I that the methamphetamine was in crystalline form. (Pen. Code, § 1170.74.)

Sentenced to three years' probation, including 90 days in county jail, defendant contends: (1) Insufficient evidence supports her conviction for transporting methamphetamine. (2) She was deprived of her constitutional right to counsel at the probation and sentencing hearing. We shall affirm.

FACTS

On October 4, 2004, around 3:00 a.m., Corning Police Officer David Kain saw defendant's car parked on the shoulder of a roadway off Interstate Highway 5, about a mile and a half north of the Corning city limits. Aside from the freeway, only orchards and open fields were nearby; the closest residence was at least a quarter-mile away.

Approaching the car, Kain saw defendant in the driver's seat, alone. She was crying. She said she was coming from Chico, where she lived, and going to visit her mother in a Redding hospital. She did not say anyone else had been in the car with her.

Because defendant spoke rapidly and could not stand still or follow commands, Kain concluded she was under the influence of a controlled substance.^[1] Searching her person with her consent, Kain found a tissue containing .05 gram of crystal methamphetamine in her pants pocket. She admitted she knew what it was and explained she used the substance by â€