P. v. Lavergne CA2/1
A jury convicted appellant Joleen Mae Lavergne of selling, transporting, or offering to sell a controlled substance and she pleaded no contest to possessing methamphetamine (id., § 11377; count 2) and possessing a methamphetamine pipe (id., § 11364; count 3). She claims the trial court erroneously (1) conditioned giving an entrapment instruction on the admission of evidence she possessed the pipe and methamphetamine, (2) denied her motion to dismiss the charges based on a violation of her right to a speedy trial, and (3) denied her Penal Code section 1538.5 motion to suppress the pipe and methamphetamine on the ground the warrantless searches of Lavergne’s vehicle were unlawful.
Although we conclude the trial court erred in conditioning allowing Lavergne to make an entrapment defense upon admission of her possession of methamphetamine and the pipe, we conclude that error was not prejudicial. We also reject Lavergne’s other challenges to the judgment and thus affirm.
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