P. v. Regan

Filed 4/18/06 P. v. Regan CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Stephen P. Gildner, Judge.

William Davies, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez and Leslie W. Westmoreland, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

On October 4, 2004, appellant Pamela Carol Regan pled no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)).^[1] The trial court suspended imposition of sentence on both counts and placed Regan on probation pursuant to Proposition 36 for three years. On appeal, Regan contends the trial court erred in denying her suppression motion. Regan also contends her trial counsel was ineffective for failing to establish additional facts during the suppression hearing.

FACTS

During the early afternoon of November 28, 2004, California Highway Patrol Officer Amedee Irey was driving his patrol car directly behind a brown and blue Ford F250 pickup truck. The pickup truck had no rear license plate. Irey had the truck pull over and approached the driver, Regan.

Irey told Regan he pulled her over because she had no rear license plate. Regan told Irey that she had a temporary permit and pointed to it. Irey could not recall where he saw the temporary permit. Irey explained that he thought it was â€