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Filed 7/21/16 P. v. Modesto CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

v.

VERONICA JENNIE MODESTO,

Defendant and Appellant. E065413

(Super.Ct.No. SWF1402786)

OPINION

APPEAL from the Superior Court of Riverside County. Judith C. Clark , Judge.

Affirmed.

Kristen Owen, under appointment by the Court of Appeal, for Defendant and

Appellant

.

No appearance for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL HISTORY

A. PROCEDURAL HISTORY

On September 15, 2015, an information charged defendant and appellant V eronica

Jennie Modesto with possession of a controlled substance, heroin, in violation of Health2

and Safety Code section 11350, subdivision (a), a felony (count 1) ; and bringing and

sending into and assisting in bringing into and sending into and within the grounds of

Larry Smith Correctional Facility a narcotic, heroin, in violation of Penal Code section

4573, a felony (count 2)

.

The information also alleged that defendant suffered two prior convictions within

the meaning of Penal Code section 667.5, su bdivision (b), and that one of the prior

convictions was a serious and violent felony within the meaning of Penal Code sections

667, subdivision (c) and (e)(1), and 1170.12, subdivision (c)(1).

On November 16, 2015, defendant pled guilty to both counts an d admitted to the

priors. On December 15, 2015, the court denied defendant ’s motion to dismiss the strike

and prison priors. The court then imposed the midterm ( three years ) for the principal

count , count 2 , doubled by the strike prior, for a total of si x years in state prison. As to

count 1 , the court imposed one

- third the mid term ( eight months ) , doubled by the strike

prior, for one year four months

, to run consecutive to count 2 , plus an additional one year

for each of the two prison priors (Pen. Code, § 667.5, subd

. (b) )

, to run consecutiv e, for a

total of nine years four months in state prison. The trial court awarded 392 days of credit,

and ordered defendant to pay restitution fines and fees.

On February 2, 2016, defendant timely filed a notice of appeal ; the notice was

accompanied by a request for a certificate of probable cause

. On February 3, 2015, the

trial court granted defendant ’s request for a certific ate of probable cause.3

B. FACTUAL HISTORY 1

On September 25, 2014, deputies were dispatche d to a Motel 6 in Hemet to assist

parole agents with apprehending a subject with a felony warrant. The parole agents went

to room 228 and directed the male and two females to exit the room. Defendant was later

identified as one of the females. D efendant had an active felony warrant for a violation

of post release community supervision.

Because of her postrelease search terms, d eputies advised defendant she and her

belongings would be searched. Defend ant told deputies she had a syringe with heroin in

her purse. The d eputies found the syringe ; it contained five units of dark brown liquid

that later tested positive for heroin. Defendan t admitted the syringe was hers ; she was

transported by deputies to t he sheriff’s station.

Upon arrival at the sheriff’s station , deputies inquired whether defendant had

additional drugs, weapons or contraband on her body

. Defendant was advised that she

would face additional charges if she brought drugs into the facility. Defendant said she

understood the advisement, and that she did not have any drugs on her.

During booking, correctional officers “strip searched” defendant ; a piece of plastic

was seen extending outside of her vagina. Defendant initially refused to retrieve the

plastic bag for officers, but e ventually, defendant retrieved the plastic bag voluntarily.

The plastic bag conta ined a brown tar

- like substance; the substance tested posi tive for

heroin.

1 D efen dant pled guilty to both counts; therefore, the facts related to the

underlying charges are taken from the probation report.4 DISCUSSION

After defendant appealed, and upon h er request, this court ap pointed counsel to

represent her . Counsel has filed a brief under the authority of People v. Wende (1979) 25

Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 setting forth a statement of the

case, a summary of the facts, and potential arguable issues, and requesting this court to

undertake a review of the entire record.

We offered defendant an opportunity to file a personal supplemental brief, but s he

has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal. 4th 106, we

have independently reviewed the record for potential error and find no error.

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MILLER

J.

We concur:

McKINSTER

Acting P. J.

SLOUGH

J.