Filed 3/12/18 P. v. Kennedy CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT


THE PEOPLE,

Plaintiff and Respondent,

v.

APRYL DIANE KENNEDY,

Defendant and Appellant.
H044819
(Santa Clara County
Super. Ct. No. C1514189)
Defendant Apryl Diane Kennedy pleaded guilty to possession for sale of heroin (Health & Saf. Code, § 11351), sale of heroin (§ 11352, subd. (a)), maintaining a place for unlawful activities involving controlled substances (§ 11366), and misdemeanor possession of methamphetamine (§ 11377, subd. (a)). The trial court placed defendant on probation.
On appeal, defendant’s appointed counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) that states the case and facts, but raises no issue. We attempted to notify defendant of her right to submit written argument on her own behalf within 30 days. The notices were mailed on December 21, 2017, and January 18, 2018, to her last known addresses, but the notices were returned. Despite reasonable attempts, this court has been unable to ascertain a current address for defendant.
Pursuant to Wende, supra, 25 Cal.3d 436 and People v. Kelly (2006) 40 Cal.4th 106 (Kelly), we have reviewed the entire record. Following the California Supreme Court’s direction in Kelly, supra, at page 110, we provide a brief description of the facts and the procedural history of the case.
BACKGROUND
A. Charges and Motion to Suppress
In 2016, defendant was charged by information with possession for sale of heroin (§ 11351; count 1), sale of heroin (§ 11352, subd. (a); count 2), maintaining a place for unlawful activities involving controlled substances (§ 11366; count 5), and misdemeanor possession of methamphetamine (§ 11377, subd. (a); count 6). Defendant filed a motion to suppress all evidence obtained as a result of a warrantless detention, arrest, and search conducted on June 26, 2015. (Pen. Code, § 1538.5.) The prosecutor filed opposition to the motion, contending that the officer’s initial encounter with defendant was consensual, that defendant voluntarily made inculpatory statements, that she consented to a search, and that she was lawfully detained and searched. The testimony at the hearing on the motion was as follows.
A county task force that specialized in narcotics enforcement was investigating defendant’s daughter. On June 26, 2015, defendant was seen entering a residence that she shared with her daughter and that was being surveilled by a task force agent who was preparing to execute a search warrant on the residence.
Defendant exited her residence and drove to a nearby post office. After she walked out of the post office, she was contacted by the task force agent. He told her that her daughter had been detained around the corner, and that there was a search warrant for defendant’s residence. The agent testified that when he talked to defendant, his demeanor was casual, and he used a soft voice. A task force commander arrived at some point to assist the agent.
The task force agent confirmed with defendant that no one was home. He also asked for her keys to the residence so that the door could be opened without causing property damage. Defendant said, “Okay,” and provided the keys to him.
The task force agent informed defendant that the search warrant authorized the search for narcotics. He asked whether there would be anything in her room. Defendant responded that there might be heroin in her nightstand.
Defendant was rummaging through her purse and, due to a concern over officer safety, was asked for her purse. Defendant handed over her purse, and it was placed on the hood of her car.
The task force agent asked defendant whether the task force commander could search her purse. Defendant indicated that he could. The agent left the scene and went back to the residence to execute the search warrant.
The task force commander searched defendant’s purse. He found a small baggie containing a usable amount of methamphetamine, a prescription pill bottle with defendant’s name containing a usable amount of methamphetamine, and a glass pipe commonly used to smoke or ingest methamphetamine. The commander testified that he asked defendant if she had any more narcotics on her, and indicated that if anything was found, a female officer would likely be conducting a search to make sure there was not more contraband. Defendant reached into the chest area of her clothing and pulled out two plastic baggies containing a usable amount of heroin.
The parties stipulated that there was no search warrant or arrest warrant for defendant’s person or her vehicle.
Defendant testified that she left her purse and keys in her vehicle while she went into the post office. According to defendant, after she was contacted by task force personnel, she told them that her purse and keys were in her car. Defendant testified that the task force commander removed her purse from the car without her permission. She also testified that the task force agent told her that he needed her keys because they did not want to cause property damage by kicking down the door when executing the search warrant. She told them that her house was unlocked. She eventually gave them permission to retrieve her keys because she felt that she “didn’t really have an option.” Defendant further testified that she agreed to the search of her purse only after her keys were removed from her purse. According to defendant, she said “okay” to the search of her purse because “he’s already in the purse.”
The parties filed supplemental briefs regarding the motion to suppress. Defendant contended that her vehicle was searched and her purse was seized without her consent. She also argued that she was detained, and that her consent to provide her keys and have her purse searched “was the product of the coercive environment produced by the agents” and was not freely and voluntarily given. The prosecutor contended that defendant voluntarily handed over her keys and her purse, that she gave valid consent to the search of the purse, and that the encounter was consensual through the point when she disclosed the heroin in her nightstand, at which point there was reasonable suspicion to detain her and even probable cause to arrest her.
On March 16, 2017, the trial court denied the motion to suppress. The court found that defendant consented to turning over her keys to the task force agent, that she consented to the commander searching her purse, and that it was a consensual encounter.
B. Pleas, Sentencing, and Appeal
On March 17, 2017, defendant pleaded guilty to all four counts alleged against her in the information. She entered her pleas based on the court’s indicated sentence of a grant of probation with various terms and conditions, including that she serve four months in county jail.
On May 26, 2017, the trial court suspended imposition of sentence and placed defendant on probation for three years with various terms and conditions, including that she serve four months in county jail, with four days of custody credits. The court permitted defendant to serve her custodial time on the electronic monitoring program. The court also ordered defendant to pay various fines and fees and to register pursuant to the requirements of section 11590.
Defendant filed a notice of appeal challenging the denial of her motion to suppress (Cal. Rules of Court, rule 8.304(b)(4)(A)). We appointed counsel to represent defendant in this court.
DISCUSSION
Having carefully reviewed the entire record, we conclude that there are no arguable issues on appeal. (Wende, supra, 25 Cal.3d at pp. 441-443.)
DISPOSITION
The order of probation is affirmed.



____________________________________
BAMATTRE-MANOUKIAN, ACTING P.J.





WE CONCUR:




_________________________________
GROVER, J.









_________________________________
GREENWOOD, J.