People v. Granados CA4/3

Filed 11/5/24 P. v. Granados CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063045

v. (Super. Ct. No. 21CF0446)

CESAR ABARCA GRANADOS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Elizabeth G. Macias and Andre Manssourian, Judges. Affirmed, as modified. Lara Gressley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Steve

Oetting and Paige B. Hazard, Deputy Attorneys General, for Plaintiff and Respondent. * * * Cesar Abarca Granados pleaded guilty to multiple criminal counts. On appeal, he challenges the trial court’s denial of his motion to suppress evidence seized from his vehicle. We conclude the court’s factual findings were supported by substantial evidence and the seizure of evidence did not violate Granados’s constitutional rights. We affirm, with directions to the trial court to apply Granados’s excess presentence custody credits to his period of parole. PROCEDURAL BACKGROUND Granados was charged in an information with possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a) [count 1]), resisting a police officer by means of threats and violence (Pen. Code, § 69 [count 2]), possession of a firearm by a convicted felon (id., § 29800, subd. (a)(1) [count 3]), possession of a concealed firearm in a vehicle (id., § 25400, subds. (a)(1), (c)(1) [count 4]), possession of ammunition as a prohibited person (id., § 30305, subd. (a)(1) [count 5]), resisting a police officer (id., § 148, subd. (a)(1) [count 6]), and possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a) [count 7]). The information alleged Granados had previously been convicted of a serious and violent felony. (Pen. Code, §§ 667, subd. (d), (e)(1), 1170.12, subd. (b), (c)(1).) As to count 2, it was alleged Granados had personally inflicted great bodily injury during the commission of the offense. (Id., § 12022.7, subd. (a).) Pursuant to Penal Code section 1538.5, Granados filed a motion to suppress the evidence seized after his detention, arrest, and vehicle search.