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People v. Jennings

California Court of Appeals, Third District, Sacramento
Sep 2, 2009
No. C058745 (Cal. Ct. App. Sep. 2, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. KIM ANN JENNINGS, Defendant and Appellant. C058745 California Court of Appeal, Third District, Sacramento September 2, 2009

NOT TO BE PUBLISHED

Super. Ct. No. 07F07494

SIMS, J.

This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436. Having reviewed the record as required by Wende, we affirm the judgment.

Counsel filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende, supra, 25 Cal.3d 436.) Defendant was advised by counsel of the right to file a supplemental brief within 30 days of the date of filing of the opening brief. More than 30 days elapsed, and we received no communication from defendant.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On August 2, 2007, officers pulled over a BMW convertible without license plates. Defendant Kim Ann Jennings was the passenger in the car. As the car came to a stop, one of the officers saw defendant reaching toward the center console of the car.

The driver, a confirmed gang member, was on searchable probation and the officers searched the car. Officers found a blue rag containing 12.8 grams of methamphetamine in the center console. The driver was carrying $487 in cash.

The jury was not informed of the driver’s probationary status.

Defendant told officers she owned the car but said the methamphetamine belonged to the driver. She stated she was providing customers wanting methamphetamine for the driver. Defendant’s cell phone rang and one of the officers answered it. The caller identified herself as “Kim” and asked for “Kim.” When the officer told the caller that Kim was not available, the caller stated she had money for a “16th” of “crystal,” which the officer understood to mean a quantity of methamphetamine.

A jury found defendant guilty of possessing methamphetamine for sale and transportation of methamphetamine. (Health & Saf. Code, §§ 11378, 11379, subd. (a).) The trial court suspended imposition of sentence and placed defendant on probation on the condition she serve 90 days in county jail. The court also imposed a $200 restitution fine (Pen. Code, § 1202.4) and stayed a $200 fine pursuant to Penal Code section 1202.44, a $50 criminal laboratory fee (Health & Saf. Code, § 11372.5) and corresponding penalty assessments, a $150 drug program fee (Health & Saf. Code, § 11362.7) and corresponding penalty assessments, and a $20 court security fee (Pen. Code, § 1465.8).

Having undertaken an examination of the entire record, we find no arguable error that would result in a disposition more favorable to defendant.

We commend the trial judge, the Honorable Jack Sapunor, for having conducted an error-free trial.

DISPOSITION

The judgment is affirmed.

We concur: SCOTLAND, P. J., CANTIL-SAKAUYE, J.


Summaries of

People v. Jennings

California Court of Appeals, Third District, Sacramento
Sep 2, 2009
No. C058745 (Cal. Ct. App. Sep. 2, 2009)
Case details for

People v. Jennings

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. KIM ANN JENNINGS, Defendant and…

Court:California Court of Appeals, Third District, Sacramento

Date published: Sep 2, 2009

Citations

No. C058745 (Cal. Ct. App. Sep. 2, 2009)