P. v. Vela
Defendant Irene Marie Vela was charged with transportation of methamphetamine under Health and Safety Code section 11379, subdivision (a) (count 1); possession of methamphetamine under Health and Safety Code section 11377, subdivision (a) (count 2); possession of drug paraphernalia under Health and Safety Code section 11364 (count 3); and being under the influence of a controlled substance under Health and Safety Code, section 11550, subdivision (a) (count 4). After the trial court denied defendants motion to suppress evidence under Penal Code section 1538.5, defendant pleaded guilty to transportation of methamphetamine (count 1) in exchange for a dismissal of the remaining charges and sentencing under Proposition 36.
On appeal, defendant contends that the trial court erred in imposing certain fees and costs as conditions of her probation. The People contend that the appeal must be dismissed because defendant failed to obtain a certificate of probable cause. Court conclude that defendants failure to obtain a certificate of probable cause requires that the appeal be dismissed.
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