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The People v. Michele Lynn Hickok

January 3, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
MICHELE LYNN HICKOK, DEFENDANT AND APPELLANT.



(Super. Ct. No. 11F01301)

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

P. v. Hickok 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Michele Lynn Hickok pleaded no contest to possession of methamphetamine. She now contends the trial court erred in (1) denying her motion to suppress evidence, and (2) imposing a $59 jail classification fee and a $287 jail booking fee without determining defendant's ability to pay them.

We conclude (1) the trial court did not err in denying defendant's motion to suppress because she consented to the warrantless search of her bedroom; and (2) we will remand the matter to permit a determination regarding defendant's ability to pay the booking and classification fees.

BACKGROUND

We summarize the facts adduced at the hearing on defendant's motion to suppress, but we will reference additional facts in the discussion as relevant to defendant's contentions.

Officer Nick Echeverria received information from a citizen that there was concern regarding the welfare of defendant's children. The information included accusations that defendant was using drugs and selling them from her residence.

The next day at 1:00 a.m., Officer Echeverria went to defendant's residence in full uniform with Officer Valenzuela and trainee Officer Lemoine. Officer Echeverria knocked on defendant's front door. When defendant opened the door, Officer Echeverria asked to come inside and conduct a welfare check on the children. Defendant gave her consent, but asked Officer Echeverria to be quiet because the children were sleeping. All three officers entered the home with no objection from defendant.

Officer Echeverria asked defendant if anyone else was present in the home. Defendant replied that someone was in her bedroom. Officer Echeverria requested defendant's permission to locate that person and to confirm there was no one else in the residence. Defendant gave him permission and Officer Echeverria performed a protective sweep of the home. Officer Echeverria contacted other people in the residence and asked them to go in the living room.

The officers conducted the welfare check. The children were sleeping in their respective beds, the apartment was appropriately heated, and there was food in the refrigerator.

Officer Echeverria told defendant he received information that she was using drugs and selling drugs from the home. Defendant denied selling drugs, but admitted there was methamphetamine in her bedroom. She told Officer Echeverria he would find methamphetamine and some pipes in a pink Hello Kitty box under her bed. Officer Echeverria asked defendant if he could look under her bed and retrieve those items, and defendant said that he could.

Officer Echeverria looked under defendant's bed and found the pink Hello Kitty box. Inside the box he found "[l]ots of empty plastic baggies," four baggies with an "off-white substance" inside, and four glass pipes commonly used for smoking methamphetamine. The off-white substance was ...


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