Fear Not Law Articles: P. v. Sowers

P. v. Sowers

Filed 2/7/07 P. v. Sowers 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 PEOPLE,

Plaintiff and Respondent,

CAROL LEE SOWERS,

Defendant and Appellant.

F050139

(Super. Ct. No. BF111492)

OPINION

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Arthur E. Wallace, Judge.

Law Offices of Gregory H. Mitts and Gregory H. Mitts for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Stan Cross, Acting Assistant Attorney General, John G. McLean, Deputy Attorney General, for Plaintiff and Respondent.

-ooOoo-

Following the denial of her motions to set aside the information and to suppress evidence (Pen. Code, §§ 995, 1538.5),^{^[1]} Carol Lee Sowers entered a plea of no contest to one count of possession of a controlled substance (methamphetamine), a felony. (Health & Saf. Code, § 11377, subd. (a).) The trial court found her eligible for drug treatment under section 1210.1, subdivision (a) (Proposition 36). It suspended imposition of sentence and placed her on probation for a period of three years.

On appeal, Sowers contends the trial court should have granted her suppression motion. We disagree and will affirm the judgment.

FACTS AND PROCEEDINGS

Sowers's original suppression motion was heard concurrently with the preliminary examination on October 26, 2005.

The Original Suppression Motion

Around 2:00 o'clock in the afternoon of August 14, 2005, a Sunday, Deputy James Newell of the Kern County Sheriff's Department drove his patrol car into the parking lot of a Motel 6 near Oildale. He was looking for â€

Description	Following the denial of her motions to set aside the information and to suppress evidence (Pen. Code, SS 995, 1538.5), Carol Lee Sowers entered a plea of no contest to one count of possession of a controlled substance (methamphetamine), a felony. (Health and Saf. Code, S 11377, subd. (a).) The trial court found her eligible for drug treatment under section 1210.1, subdivision (a) (Proposition 36). It suspended imposition of sentence and placed her on probation for a period of three years. On appeal, Sowers contends the trial court should have granted her suppression motion. Court disagree and affirm the judgment.
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