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People v. Torres6/19/2002
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Erica Jane Torres was convicted of the possession, and possession for sale, of methamphetamine and possession, and possession for sale, of cocaine. She admitted a prior conviction within the meaning of Health and Safety Code section 11370.2. Torres was sentenced to a prison term of five years. She appeals, arguing error in instructing on the concept of aiding and abetting and in allowing a court interpreter to translate Spanish phrases found in a document in her residence.
FACTS
A. Prosecution Case
In September 1998 the sheriff's department received a citizen's complaint concerning heavy vehicle and pedestrian traffic at a residence located at 2768 Country Club Drive, No. B, in Borrego Springs. Deputy Sheriff Charles Hahn went to the residence where he saw a gold Chevrolet Cavalier parked.
On October 20, 1998, Hahn stopped the car. It contained four men. The driver, Leonardo Araujo, stated the car belonged to his fiancé, appellant. Border patrol officers were called and took two of the occupants of the car into custody. Hahn accompanied Araujo back to the Country Club residence to pick up clothing belonging to those men.
Hahn and Araujo went into a bedroom where appellant was lying on a bed watching television. Hahn looked into a second bedroom where it appeared persons were living. Hahn was told that the four men he contacted lived at the residence and that two or three persons used the bedroom not occupied by appellant. Hahn and Araujo departed. Later that day appellant came to the sheriff's station and told Hahn she had evicted the other occupants of the residence and that only she and Araujo would be living there. Appellant's name was on the lease for the residence.
Hahn later received a complaint from a different citizen concerning the high volume of traffic at appellant's residence.
On November 10, 1998, Hahn and sheriff's detectives went to appellant's residence to search for drugs. Hahn knocked and announced his authority. After several knocks the door swung open and the officers saw appellant, who was pregnant and close to term, walking toward the door from a hallway. Appellant was the only person in the house. It appeared one bedroom was occupied. The second bedroom contained no furniture or other items. In the occupied bedroom the sheet and blankets were pulled back on the left side. It appeared that was the occupied side of the bed. In the top drawer of the nightstand on that side of the bed, the officers found in plain view four clear plastic bindles containing a combined total of 3.72 grams of cocaine. In a container in that drawer, the officers also found 37 clear plastic bindles with a combined total of 32.84 grams of methamphetamine. An expert concluded these amounts of contraband would be held for sale.
Also in the bedroom in plain view was a yellow notepad bearing several Spanish phrases and their English translations, e.g., "Where is it?" "Which is better?" "How much do you owe?" One page was a "pay and owe" sheet bearing names and monetary amounts and used to keep track of drug sales. An expert was unable to identify or exclude appellant as the writer of the notations. While appellant has a Hispanic name, she does not speak Spanish. Araujo speaks both Spanish and English.
In the kitchen the officers found a glass pipe i
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