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The People v. Erika Louise Schmid

May 8, 2013

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ERIKA LOUISE SCHMID, DEFENDANT AND APPELLANT.



(Super. Ct. No. CR027919)

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

P. v. Schmid

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Members of the Lassen County Narcotics Task Force executed a search warrant on the home in which defendant Erika Louise Schmid lived with her boyfriend and found methamphetamine, drug paraphernalia, and over $1,500 in cash. Following a jury trial, defendant was convicted of possession of methamphetamine for sale and misdemeanor obstruction of a peace officer. Defendant admitted three prior prison terms and two strikes. The trial court struck one of the strikes and one of the prior prison terms, and sentenced defendant to six years in state prison.

On appeal, defendant contends there is insufficient evidence to support her conviction for possession of methamphetamine for sale, the prosecutor committed misconduct during closing argument, and there is insufficient evidence to support the obstructing a peace officer conviction. We affirm.

FACTS

The Prosecution's Case

On September 10, 2010, at about 5:50 a.m., members of the Lassen County Narcotics Task Force and Lassen County Sheriff's Department SWAT team executed a search warrant on a home in Doyle. Approximately 14 officers served the warrant, driving up in an armored SWAT vehicle and several patrol cars. Officers went to the door, knocked, and said: "Sheriff's Department, we have a search warrant. We demand entry."

Co-defendant Steve Ferris opened the door. Officers entered, detaining Ferris and searching the home for other occupants. As they searched, officers encountered a pit bull that they pepper sprayed, a woman and her child, and a woman and a man in one of the bedrooms.

The officers then conducted a second, more thorough sweep of the house to look for people who might be hiding. They found defendant, seven months pregnant with Ferris's child, hiding under a blanket and holding a flip-style cell phone that was flipped open. The phone both received and sent a call at almost the exact time the warrant was served.

After the second sweep concluded, officers searched the house. The master bedroom contained .17 grams of methamphetamine, a razor blade, and a $20 bill on a mirror in the top drawer of the nightstand next to the right side of the bed. The drawer also had a digital gram scale and small Ziploc baggies with hearts on them. Inside a second drawer was a small pouch containing 8 baggies which each held between .95 and 1.8 grams of methamphetamine.

Underneath the mattress on the right side of the bed, officers found a spoon, a syringe, and a Ziploc baggie with hearts on it which contained a crystalline substance. A black cell phone was on the bed's left side headboard. A backpack with defendant's driver's license was on the floor by the left side of the bed. The backpack contained a small zippered purse which held six or seven pills. The left side nightstand contained an item often used by women for tying up long hair, as well as pills in a heart-shaped baggie and a bottle of pills.

A type of propane torch used to heat methamphetamine pipes was between the nightstand and headboard. A methamphetamine pipe was on the right side of the bed. The bedroom also contained a magazine to an Ithaca .22-caliber rifle, a white sock filled with .22-caliber shells, and indicia in Ferris's name. A .22-caliber Ithaca rifle was in a shed by the main residence.

A video camera in the front of the home broadcast to a monitor in the master bedroom. The armored SWAT vehicle used by the officers ...


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