P. v. Ray 1/9/07 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F050229

Case Date: 03/28/2007

Preview:Filed 1/9/07 P. v. Ray CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT THE PEOPLE, F050229 Plaintiff and Respondent, (Super. Ct. No. BF104552-A) v. ELIZABETH KAY RAY, Defendant and Appellant.

OPINION

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. James M. Stuart, Judge. William I. Parks, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, and John G. McLean, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

*

Before Harris, Acting P.J., Cornell, J. and Dawson, J.

INTRODUCTION Appellant Elizabeth Kay Ray pleaded guilty to felony possession of methamphetamine and was placed on probation pursuant to Proposition 36. She violated probation three times and failed to appear for the sentencing hearing. The court subsequently imposed the upper term of three years in state prison. On appeal, she contends the court abused its discretion and improperly imposed the upper term. FACTUAL AND PROCEDURAL HISTORY Around 1:33 a.m. on December 1, 2003, Kern County sheriff's deputies were on patrol when they saw appellant walking on the side of the road. Appellant told the deputies that she did not have any identification and gave them permission to search her purse. The deputies found a piece of plastic inside appellant's wallet, which contained an off-white granular substance. Appellant was arrested for possession of methamphetamine. Appellant was searched incident to her arrest, and a glass pipe was found in her jacket pocket. The inside of the pipe was covered with a white residue believed to be methamphetamine. The laboratory analysis of the seized contraband revealed it was 0.15 gram of a substance containing methamphetamine. On December 3, 2003, a complaint was filed in the Superior Court of Kern County charging appellant with count I, felony possession of methamphetamine (Health & Saf. Code,

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