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The People v. Janet Rebecca Weiss

December 28, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JANET REBECCA WEISS, DEFENDANT AND APPELLANT.



(Super. Ct. No. 091895)

The opinion of the court was delivered by: Raye , P. J.

P. v. Weiss

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Janet Rebecca Weiss pleaded no contest to transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)), and driving without a valid driver's license (Veh. Code, § 12500, subd. (a)), and admitted enhancements for a prior drug-related offense conviction (Health & Saf. Code, § 11370.2, subd. (c)) and a prior prison term (Pen. Code, § 667.5, subd. (b))*fn1 . The trial court sentenced defendant to seven years in state prison.

On appeal, defendant contends that the prospective application of the Criminal Justice Realignment Act of 2011 (Realignment Act; Stats. 2011, ch. 15) violates her right to equal protection of the law, the seven-year state prison term was an abuse of discretion, and there was insufficient evidence to support the denial of her suppression motion. We affirm.

BACKGROUND

The facts of defendant's crimes are taken from the combined preliminary hearing and suppression motion.

A. The Offense

At around 12:18 p.m. on April 17, 2009, Davis Police Officer Daniel Beckwith spotted a car passing through an intersection. The vehicle was about two car lengths away, and crossed the intersection perpendicular to Officer Beckwith's patrol car. As the car passed by him, Officer Beckwith could not see a license plate on it, and the area where the license plate should be was not lit.

Officer Beckwith pursued the car and executed a traffic stop about a block from the intersection. He contacted the driver, defendant; told her the reason for the stop; and asked for her driver's license. Defendant gave the officer an expired license. Officer Beckwith obtained her consent to search the car and discovered methadone pills inside a baggie on the front passenger seat. Defendant claimed to have a prescription for the methadone at home.

Officer Beckwith told defendant that she could look for the prescription at her house. He took defendant to her home and accompanied her to her bedroom, where she looked for the prescription. She could not find the prescription but gave Officer Beckwith a number to call to confirm its existence. When he was unable to confirm the prescription, Officer Beckwith arrested defendant.

Defendant was taken to the Yolo County jail and searched. The search revealed a glass pipe in her bra that contained .08 gram of methamphetamine. Defendant also had a plastic baggie containing 1.45 grams of methamphetamine. She admitted owning the pipe and baggie.

Diana Barrett gave the car to defendant about a month before her arrest. Barrett had no trouble with the license plate light when she owned the car. After defendant's arrest, Barrett started the car and determined that the light worked.

A defense investigator who photographed defendant's car found the license plate light was working. He videotaped the rear of the car as it drove through Davis and was able to see the license plate through the video camera.

A video examiner looked at the police video from the traffic stop and determined that the light over defendant's license plate was illuminated when the stop was made. However, the examiner could not determine whether a ...


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