People v. Bishop

Opinion

Appellant, Robert J. Bishop, appeals his conviction for murder during the commission of a robbery. He contends the court’s instruction, during deliberations, which permitted the jury to find the special circumstance allegation true on a theory of aiding and abetting deprived him of due process and effective assistance of counsel because counsel did not have an opportunity to address this newly introduced theory in closing argument. In addition, appellant claims there was insufficient evidence to support the convictions on an aiding and abetting theory but, if there was, it was error not to instruct the jury his liability as an aider and abettor ended when the stolen property was carried away to a place of temporary safety. Appellant also argues the trial court erred in failing to grant his motion to suppress evidence of a canvas money bag found in his home, and in allowing evidence he had often referred to the victim as a “black bitch.” We affirm.

Facts and Proceedings Below

Appellant worked for the Stanley Smith Security company as a security guard. From October 26, 1991, to January 19, 1992, the security company assigned appellant to work as a guard for the “Parking Violations Bureau” located at 8835 West Pico Boulevard in Los Angeles. The public used this facility to pay traffic tickets and fines.

The victim, Effirage Davis, was the supervisor of the Parking Violations Bureau. Each day she would open the office between 7 a.m. and 7:30 a.m. Security guards were to arrive at 7:30 a.m. and other employees would arrive between 7:45 and 8 a.m. Davis let personnel into the office through the frosted glass back door.

In February 1992, Elwood Bush worked as a security guard at the Parking Violations Bureau. On February 28th, Bush arrived about 7:15 a.m. and saw Davis’s car parked outside the office. He parked in a parking structure and ate breakfast in his car. At 7:30 a.m. Bush went to the back door of the office and knocked. Normally, Davis would ask, “Elwood, is that you?” After Bush answered, “Yes,” Davis would open the door and let him in. This time no one answered his knock, so he pushed on the door. The door opened and Bush went inside. He found Davis lying facedown on the floor by the safe. Davis had been shot once through the back of the head. Davis died from the single gunshot wound.

The safe was empty except for a plastic bag containing checks, a small amount of cash and the stamp for the city seal. Bank bags containing the

previous day’s receipts of $16,677 were missing, as was the cashiers’ $500 start-up money for the next day.

Appellant’s wife, Heather, and appellant’s friend, Gilbert Holguin, testified for the prosecution under grants of immunity. Appellant met Holguin when they both worked for the same company as security guards.

Appellant did not like Effrage Davis. She made him do tasks unrelated to his job as a security guard. She complained when he arrived late for work and otherwise caused problems for him at the Parking Violations Bureau. Appellant referred to Davis as a “big, fat, ugly, black, no-tooth, ugly bitch.”

By August or September of 1991, appellant and Heather had serious financial difficulties. Certain bill collectors threatened Heather with legal action. Later Heather learned she was subject to criminal prosecution for numerous checks she had written which were returned unpaid for insufficient funds. In January of 1992, appellant told Heather of his plan to improve their financial condition. He and Holguin planned to burglarize the Parking Violations Bureau.

On February 24, 1992, Holguin brought a safe to appellant’s and Heather’s house in the trunk of his car. Appellant tried to open the safe using a stethoscope. When he failed Heather suggested they just steal the whole safe. Appellant rejected the suggestion because the safe at the Parking Violations Bureau was too big, too heavy and securely bolted to the floor.

Two days later on February 26, 1992, appellant and Holguin went to stakeout the Parking Violations Bureau. They arrived about 6:35 a.m. and parked in the back of the building. After sitting in the car for awhile, appellant walked up to a wall, stayed there for a minute and returned to the car. He told Holguin that Davis had arrived at the office. They drove off.

During the drive home appellant told Holguin stealing money from the Parking Violations Bureau would solve his financial difficulties. He also told Holguin he would have to kill Davis to eliminate any witnesses to the crime.

When they arrived home appellant told Heather they could not just steal the safe and that he decided he would have to kill Davis. Heather asked him why and appellant replied, “because dead men tell no tales.” Heather was not particularly bothered about stealing the money because they were “young and struggling financially.” But she was shocked appellant would kill Davis and did not believe him.

The next day Holguin called Heather. Holguin claimed he tried to suggest alternatives for Heather and appellant to raise some cash. He suggested they

Holguin’s car to retrieve the gloves. Holguin spotted the gloves in an alley near the Parking Violations Bureau. Holguin got out of the car and picked them up.

That afternoon appellant went to work as usual so nothing would look out of the ordinary. Before he left he gave Holguin $2,000 for a pound of marijuana.

In the following months Heather helped appellant spend the money. They paid outstanding bills and back rent. They had her car and his motorcycle repaired. They rented a car and took a trip to Mexico where they purchased clothes, fireworks and blankets. They purchased a boa constrictor and a pedigree dog. Appellant bought Heather a diamond ring and they later took a trip to Las Vegas. Heather told her cousin, who accompanied them on the trip to Mexico, their money had come from appellant’s drug sales.

A month or two after the murder appellant became withdrawn. He had nightmares. He became violent and physically abusive toward Heather. He threatened to kill Heather if she ever told anyone about the murder, or if she had an affair with another man, or for any other good reason that warranted it. Heather had had an affair but claimed it had not been with Holguin, whom she found scary and physically unattractive. Holguin also denied having an affair with Heather.

At some point Heather began to fear for her safety. On October 10, 1992, with her stepfather’s assistance, she moved many of her and her children’s belongings out of the house and placed them in storage. At Heather’s and her parents’ request, police watched the premises while they moved as much furniture and clothing as they could out of the house. Heather went to a battered women’s shelter in Northern California.

On November 1, 1992, Heather went to the police and told them about the robbery/murder. The police interviewed Heather several times, each time tape recording the interview. Heather did not mention Holguin’s name or involvement in the crimes on the first two occasions and did not admit his involvement until police directly asked her about Holguin. She claimed she was afraid of Holguin and what his friends might do to her if she admitted his involvement in the crimes.

Appellant was arrested at home on November 1, 1992. He consented to a police search of the house. Police recovered a pair of black leather gloves and a pair of latex gloves. In a safe police found an envelope with numbers on it totaling $14,000. Heather’s stepfather gave police appellant’s gun

which he had removed from the house during Heather’s earlier move. Ballistic tests established appellant’s gun had fired the bullet found lodged in Davis’s head.

Five days later Heather and the police returned to the house. Heather wanted to remove additional property from the house and police wanted to conduct an additional search. Heather consented to a police search of the house. The locks had been changed and Heather had to climb into the house through the kitchen window. In this search police recovered a plain white canvas money bag from the bedroom.

Appellant testified in his own defense at trial. He denied he had anything to do with the crime and denied playing any part in the planning or execution of the crimes. He claimed he was home sleeping at the time the crimes allegedly occurred. He testified he first learned of Davis’s murder when police began their investigation by fingerprinting and interviewing all persons potentially connected with the Parking Violations Bureau. This investigation necessarily included appellant as a security guard who had previously worked at that facility.

Appellant’s testimony suggested Heather and Holguin might instead be responsible for the crimes. He testified Heather had always expressed a serious interest in his work. Appellant said when he would come home from work she would ask questions about what had happened that day on the job and encourage him to talk about his work.

Appellant, and other witnesses, described how appellant and Holguin used to exchange guns when they worked together as security guards and how they practiced with each other’s guns at a shooting range.

Appellant believed Heather and Holguin had been having an affair. He testified sometimes he would come home and find Holguin and Heather together looking as if they had been drinking for some time. On these occasions Heather would always say Holguin had only arrived five minutes earlier. Other witnesses testified they had seen Holguin’s car at appellant’s house at times appellant’s motorcycle was not there.

On rebuttal, the People presented evidence Holguin’s gun was in a pawn shop on the day of the robbery/murder.

A jury convicted appellant of first degree murder (Pen. Code, § 187, subd. (a), count I) and second degree robbery (Pen. Code, § 211, count II). The jury was unable to agree whether appellant personally used a firearm in the

The prosecutor objected to any instructions on accomplices and aiding and abetting. The trial court was not inclined to give the instructions and pointed out this theory was inconsistent with appellant’s defense he had nothing to do with the crimes. Defense counsel urged the court to reconsider, and argued a defendant is entitled to present inconsistent defenses to the jury. The trial court agreed to give the instructions but noted it had modified the wording on the special circumstance instruction to delete any reference to potential liability as an indirect participant in the crime. Thus, in order to find the special circumstance true, the jury had to find appellant personally killed the victim while personally committing the robbery.

In closing arguments the prosecutor urged the jury to find appellant personally robbed and murdered the victim. She told the jury not to concern themselves with the instructions on accomplices because there was more than adequate evidence to convict appellant of the charged crimes even without Heather’s and Holguin’s testimony. Defense counsel, by contrast, did not even mention the words “accomplice” or “aiding and abetting” or even allude to the alternative defense theory in argument. Instead, defense counsel argued appellant played no role in either the robbery or murder and, if anything, it was more likely Heather and Holguin had committed the crimes.

After more than a day of deliberations the jury sent a note asking for the definition of second degree robbery and asking whether, and under what circumstances, an accomplice can be charged with second degree robbery. The trial court defined second degree robbery for the jury and attempted to answer the second question using hypotheticals. When that approach failed the trial court tried to explain the concept of aiding and abetting, accomplice liability and the requirement of corroboration in the context of Heather and Holguin being accomplices to the burglary.

Outside the presence of the jury the trial court commented the problem had surfaced because the defense had requested the instructions yet had failed to make any argument to the jury to explain how the instructions should be applied.

The next day the jury sent another note asking whether they had to return a unanimous verdict on the special circumstance and gun use allegations, or whether they could return a “split decision.” The trial court told the jury each decision reached by the jury had to be unanimous.

The next morning the court and counsel discussed the probability one or more of the jurors was not convinced beyond a reasonable doubt appellant

Appellant contends that because he had no notice he could be found guilty on a theory of aiding and abetting, he was denied due process and the effective assistance of counsel because counsel was unable to address this theory of culpability in closing arguments to the jury.

The Sixth and Fourteenth Amendments to the United States Constitution and article I, section 15 of the California Constitution guarantee a criminal defendant the right to the effective assistance of counsel at all critical stages of the proceedings. (United States v. Gouveia (1984) 467 U.S. 180 , 187 [ 81 L.Ed.2d 146 , 153-154, 104 S.Ct. 2292 ]; Coleman v. Alabama (1970) 399 U.S. 1 , 9-10 [ 26 L.Ed.2d 387 , 396-397, 90 S.Ct. 1999 ].) To effectuate the constitutional rights to counsel and to due process of law, an accused must be informed of the crimes with which he is charged in order to have a reasonable opportunity to prepare a defense and respond to the charges. (In re Oliver (1948) 333 U.S. 257 , 273 [ 92 L.Ed. 682 , 694, 68 S.Ct. 499 ]; Sheppard v. Rees (9th Cir. 1989) 909 F.2d 1234 , 1236.)

In support of his contention, appellant relies on the decision in Sheppard v. Rees, supra, 909 F.2d 1234 . In Sheppard, the defendant was charged with murder and prosecuted on the theory the killing was premeditated, willful and deliberate. During the entire proceedings the concept of felony murder was never raised, either directly or indirectly. There was also no discussion of robbery or felony murder during discussions on instructions. The next morning, just prior to closing arguments, the prosecutor requested instructions on robbery and felony murder. (Id. at p. 1235.) The defendant objected, pointing out he had never been charged with robbery. Nevertheless, the trial court instructed the jury on a felony-murder theory and the prosecutor argued that theory to the jury during closing arguments. (Id. at p. 1236.)

The Ninth Circuit found the defendant’s right to due process and the effective assistance of counsel had been denied. “A trial cannot be fair unless the nature of the charges against a defendant are adequately made known to him or her in a timely fashion. . . . Here, the prosecutor ‘ambushed’ the defense with a new theory of culpability after the evidence was already in, after both sides had rested, and after the jury instructions were settled. This new theory then appeared in the form of unexpected jury instructions permitting the jury to convict on a theory that was neither subject to adversarial testing, nor defined in advance of the proceeding. [¶] Moreover, the right to counsel is directly implicated. That right is next to meaningless unless counsel knows and has a satisfactory opportunity to respond to the charges against which he or she must defend. . . .’’ (909 F.2d at p. 1237.) The court reversed the conviction, concluding it could not “regard as fair a trial in which the defendant’s right to defend was impaired by a lack of notice as to the nature and cause of the accusation.” (Id. at p. 1238; see also People v. Stouter (1904) 142 Cal. 146 [ 75 P. 780 ] [conviction reversed where after jury announced they could not reach a verdict trial court instructed for the first time they could find defendant guilty of an attempt to commit the crime instead].)

The situation in Sheppard is clearly distinguishable from the factual circumstances in the case at bar. In that case the defendant was not even charged with the crime of which he was possibly found guilty. In this case by contrast, there is no allegation appellant lacked notice of the substantive crimes with which he was charged. Nor is there any allegation the prosecution attempted to alter or add to these charges in any way.

Appellant also relies on the decision in United States v. Gaskins (9th Cir. 1988) 849 F.2d 454 , a case more analogous to the case at bar. In Gaskins the defendant was charged with possession of methamphetamine and with manufacturing methamphetamine. During discussions on instructions the prosecutor requested an instruction on aiding and abetting. In response, defense counsel requested a special instruction on unanimity to inform the jurors their verdict had to be unanimous on the theory of the defendant’s guilt—as a principal or as an aider and abettor. Ultimately counsel agreed with the trial court’s decision not to give either instruction. (Id. at p. 456.)

During deliberations the jury sent the court a question suggesting they were considering an aiding and abetting theory of culpability on the count for manufacturing methamphetamine based on evidence the process occurred on the defendant’s property. Over defense counsel’s objection the trial court instructed on aiding and abetting. The court requested briefing on the issue whether the jury should be given a special unanimity instruction as well.

Gaskin’s counsel argued against an aiding and abetting theory during closing argument. We have read the transcript of her argument and disagree. Gaskin’s counsel did not address the question whether providing a location for the laboratory, without more, would constitute aiding and abetting the manufacture of methamphetamine. Instead, her argument focused on the question whether her client had directly participated in the manufacturing process. Moreover, she did not argue the facts as they would relate to the principle that ‘mere presence’ at the scene of a crime and knowledge that a crime is being committed is not sufficient to establish that an accused aided and abetted, unless the prosecution proves beyond a reasonable doubt that the defendant was a participant, and not merely a knowing spectator. In addition, she could have argued that merely because the drugs were found in Gaskin’s house does not mean that he possessed them or possessed them with the intent to distribute them and also does not necessarily mean that he aided Sanders’ possession of the drugs. . . . ‘[W]e cannot conclude that “the effectiveness of counsel’s argument and hence of appellant’s defense” was not impaired by counsel’s inaccurate information regarding the court’s charge.’ . . .” (849 F.2d at p. 460, citations omitted; see also People v. Sanchez (1978) 83 Cal.App.3d Supp. 1 [ 147 Cal.Rptr. 850 ] [reversal required because defense counsel’s credibility was destroyed when the trial court changed an intended instruction in open court in front of the jury and in the middle of defense counsel’s closing argument].)

In this case it is likely one or more jurors convicted appellant of the substantive crimes on the theory he was an indirect participant in the killing based on the aiding and abetting theory of culpability introduced into the case by the defense. Despite defense counsel’s request for the instructions on accomplices and aiding and abetting, counsel did not argue this theory to the jury in closing argument or attempt to explain how the jury should apply the principles embodied in these instructions.

It is also probable one or more jurors found the special circumstance allegation true on the basis appellant was a major participant in the crimes but was not the actual shooter. This time instructions on appellant’s potential culpability as an indirect participant were requested by the prosecution when the jury indicated it was hung during deliberations. At this point closing arguments had concluded and thus neither side had an opportunity to address this additional theory in closing arguments. The question remains whether “counsel’s closing argument was prejudicially affected thereby,” that is whether appellant “was unfairly prevented from arguing his . . . defense to the jury or was substantially misled in formulating and presenting arguments.” (United States v. Gaskins, supra, 849 F.2d at p. 458.)

We note appellant does not claim or even suggest defense counsel would have changed his closing argument to address his potential culpability as an

It Was Not Error to Deny Appellant’s Motion to Suppress Evidence of the Plain Canvas Money Bag Found in a Search of His Home.

Defense counsel moved to suppress evidence obtained during the November 6, 1992, warrantless search of his residence. At the suppression hearing, the evidence showed on October 9, 1992, Heather separated from appellant and moved out of their residence. The next day she returned with her stepfather and a rental truck to remove much of her and her children’s clothing and furniture. She went to a battered women’s shelter in Northern California.

On November 1, 1992, Heather went to the police and implicated appellant in the robbery/murder charged in this case. That evening police arrested appellant at his home. Appellant gave his consent for the police to search the residence.

On November 6, 1992, police contacted Heather and informed her they wanted to conduct another search at the house. She agreed because she wanted to remove additional property from the house and felt safer doing so while police were with her.

Appellant had changed the locks and Heather’s key would not work. She climbed through the kitchen window to gain entry to the residence. She then opened the front door and let the officer in. Once inside the officer seized a white canvas money bag from appellant’s bedroom.

The trial court found the officer could reasonably believe Heather had actual or apparent authority to consent to a search of her former residence. The court noted the factors which indicated Heather’s consent may have been inadequate: she had left the residence three weeks earlier and appellant had changed the locks. The court then noted the factors indicating Heather retained dominion and control over the residence: Heather had left the house she shared with appellant for her own safety and went to a place of temporary shelter and not a permanent abode. She still had connections to the residence. It was her residence for purposes of voting and she was still liable for the rent, or for accidents occurring on the property. Most significant to the court’s decision was the substantial amount of property—personal, community or belonging to the children—which she still had at the residence and removed while the officer conducting the search was present. Based on these facts the court concluded the officer could have reasonably believed Heather had at least apparent authority to consent to a search of the residence and denied appellant’s motion to suppress evidence of the canvas money bag.

A search without a warrant is presumed to be illegal. (People v. James (1977) 19 Cal.3d 99 , 106 [ 137 Cal.Rptr. 447 , 561 P.2d 1135 ].) Once a defendant shows the search was warrantless, the burden shifts to the People to justify the search by establishing the search fell within an exception to the warrant requirement. (Coolidge v. New Hampshire (1971) 403 U.S. 443 , 454-455 [ 29 L.Ed.2d 564 , 575-576, 91 S.Ct. 2022 ].) One exception to the Fourth Amendment’s warrant requirement is the defendant’s voluntary consent to the search. (People v. James, supra, 19 Cal.3d at p. 106.) A third party’s consent to a police search of the defendant’s property is invalid unless that person has authority to consent to the search, or the police reasonably and in good faith believe she has such authority. (People v. Jacobs (1987) 43 Cal.3d 472 , 481 [ 233 Cal.Rptr. 323 , 729 P.2d 757 ]; People v. Roman (1991) 227 Cal.App.3d 674 , 679 [ 278 Cal.Rptr. 44 ].)

“The authority which justifies the third-party consent does not rest upon the law of property, with its attendant historical and legal refinements . . . but rests rather on mutual use of the property by persons generally having joint access or control for most purposes, so that it is reasonable to recognize that any of the co-inhabitants has the right to permit the inspection in his own right and that the others have assumed the risk that one of their number might permit the common area to be searched.” (United States v. Matlock (1974) 415 U.S. 164 , 171, fn. 7 [ 39 L.Ed.2d 242 , 250, 94 S.Ct. 988 ].)

Appellant argues that, based on the facts known to the officer at the time of the search, he could not have reasonably believed Heather had the authority to consent to a search of the residence. He points out at the time of the search the officer knew Heather had moved out of the family residence three weeks earlier, taking with her many of her and her children’s possessions. There was obvious hostility between Heather and appellant. She had reported appellant’s crimes to the police, resulting in his arrest. Appellant had become physically abusive toward Heather and, fearful for her safety, Heather moved into a battered women’s shelter. Appellant had changed the locks to the house so Heather had to climb through a window to enter the premises.

Regarding a wife’s authority to consent to a police search in her own right despite antagonism between the spouses, the court in Commonwealth v. Martin (1970) 358 Mass. 282 [ 264 N.E.2d 366 ] noted: “The defendant argues further that in any event the wife’s consent to a police search of the marital household premises should not make the search valid against the husband where, as in this case, there is obvious antagonism by the wife toward her husband. . . . Whatever bearing the existence or nonexistence of ‘amicable relations’ may have under a theory of a wife’s implied authority to

consent to a search, it does not apply to a rule recognizing the wife’s right to consent to the search of the marital household premises over which she has equal authority with her husband. While they are both living in the premises the equal authority does not lapse and revive with the lapse and revival of amicable relations between the spouses. The existence of antagonism by one spouse against the other may reveal motives for consenting to a search, and it may bear on the weight and credibility of any testimony given by the antagonistic spouse, but it does not change that spouse’s position with reference to the right to give such consent.” (Commonwealth v. Martin, supra, 358 Mass. 282 , 289-290, [ 264 N.E.2d 366 , 370], citing In re Lessard (1965) 62 Cal.2d 497 , 504 [ 42 Cal.Rptr. 583 , 399 P.2d 39 ], distinguished in People v. Haskett (1982) 30 Cal.3d 841 , 856-857, fn. 5 [ 180 Cal.Rptr. 640 , 640 P.2d 776 ].)

Regarding assumption of the risk by a defendant, at least one commentator suggests a defendant’s expectation of privacy is, if anything, diminished because of the antagonism between him and a co-occupant. (3 LaFave, Search & Seizure (2d ed. 1987) Third Party Consent, § 8.3(b), pp. 242-245.) This could be especially true if, for example, the joint occupant is prompted to cooperate with the police because the defendant has committed a crime on that person. (See, e.g., United States v. Lawless (4th Cir. 1972) 465 F.2d 422 [defendant assaulted wife and out of concern for her safety she requested police assistance to find his gun in their shared trailer].)

Moreover, even a change in living arrangements may not vitiate an absent spouse’s consent to a search if that spouse has a continuing property interest in the premises but was, in effect, forced out by the defendant. For example, in United States v. Long (9th Cir. 1975) 524 F.2d 660 the defendant’s wife contacted the Federal Bureau of Investigation (FBI) and stated she had left the home she shared with her husband because she feared for her safety. She explained he had been buying guns, was storing explosives in their home and was planning to kill two federal judges. (524 F.2d at p. 661.)

Mrs. Long accompanied FBI agents and consented to a search of the house. Her keys no longer fit the locks so Mrs. Long and the FBI agents entered the premises by removing a window in a storage building next to the house. During this initial search the FBI seized guns the defendant had purchased under a false name. While police searched, Mrs. Long removed some of her personal possessions from the house. During a subsequent search to which Mrs. Long again consented, the FBI found additional guns. Mrs. Long again accompanied the officers to the house and removed additional items of personal property. (524 F.2d at p. 661.)

The defendant claimed his wife could not give a valid consent to search because she did not have joint access or control of the house within the

meaning of United States v. Matlock, supra, The court rejected this argument. “It cannot be convincingly argued that Mrs. Long as a joint owner of the house did not have the right to enter the house. Her husband was not her lessee who had the exclusive right of possession of the house. They had shared it until Mrs. Long was forced to leave due to her fear of her husband. Mrs. Long had a joint right to control the house with her husband and in fact exercised that right at the times she accompanied the agents to the house by collecting her personal belongings from the house while the agents were conducting the searches. Mrs. Long’s consent was valid. [Citations.]” (524 F.2d at p. 661; accord, United States v. Lawless, supra, 465 F.2d 422 [wife’s consent to search trailer occupied by her husband valid despite her intent to abandon the home and the fact she had no key and officers were forced to cut the screen to gain entry to the trailer]; but see Illinois v. Rodriguez (1990) 497 U.S. 177 [ 111 L.Ed.2d 148 , 110 S.Ct. 2793 ] [girlfriend’s consent to search defendant’s residence was not valid because she had only visited premises when defendant was present and had never invited her friends there].)

The factual circumstances in United States v. Long, supra, are strikingly similar to those in the case at bar. Here Heather was forced out of the home she had shared with appellant out of fear for her safety. She moved to a temporary residence at a battered women’s shelter after appellant had assaulted her and been physically abusive toward her. Appellant did not have exclusive right of possession of the house. They were still married and, at least at that point, appellant had no legal right to exclude her. (Cf. Wisconsin v. Verhagen (1978) 86 Wis.2d 262 [ 272 N.W.2d 105 ] [wife’s consent was not valid where divorce orders had awarded searched premises to the defendant].) As appellant’s spouse, she remained liable for the rent or for accidents occurring on the property despite her absence. And although Heather took a substantial amount of personal property out of the home in her initial move and intended to abandon the premises, a substantial amount of her and her children’s property remained in the house at the time of the officer’s subsequent search. The fact appellant had changed the locks to the house is indicative of the level of antagonism between Heather and appellant but is not determinative of Heather’s continuing authority in her own right to consent to a search of the house. (United States v. Long, supra, 524 F.2d at p. 661; United States v. Lawless, supra, 465 F.2d at p. 423.)

Based on the foregoing facts and authorities, we conclude the trial court did not err in finding Heather had authority to consent to the search of their house on November 6,1992. Accordingly, it was not error to admit evidence of the white canvas money bag found in appellant’s bedroom and seized in the search.