P. v. Bacon CA2/1

Filed 7/31/13 P. v. Bacon CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B242470

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA386780) v.

JAMES BACON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Clifford L. Klein, Judge. Affirmed. ______ Walter L. Gordon III for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Marc A. Kohm and Stephanie Santoro, Deputy Attorneys General, for Plaintiff and Respondent. ______

James Bacon appeals from the judgment of conviction after his no contest plea to one count of possession of a controlled substance with a firearm. Bacon challenges the denial of his motion to suppress evidence found during a warrantless search of his vehicle. We affirm. FACTUAL AND PROCEDURAL BACKGROUND At a preliminary hearing on October 21, 2011, the People presented the following evidence: While on patrol on the afternoon of July 18, 2011, Los Angeles Police Department (LAPD) Officers Sandoval and Hackman stopped to investigate a car illegally parked in an alley. They saw Bacon, approximately five feet from the vehicle, talking with at least two members of the Black P. Stone gang. The officers recognized Bacon from previous encounters and knew that the illegally parked vehicle belonged to him. Bacon was a well-known Black P. Stone gang member, and Sandoval knew that Bacon had been served with an injunction prohibiting him from associating with any other members of the gang. Once the officers witnessed Bacon violating the injunction, LAPD policy mandated that they arrest and transport him to the station. After detaining Bacon, Sandoval decided to impound and inventory Bacon’s car because the vehicle was blocking several carports, was presenting a fire hazard and was unsafe to leave in its location. Both Sandoval and Hackman “didn’t feel comfortable” entrusting the car to one of Bacon’s fellow gang members. Officer Marcinek arrived at the scene after Bacon’s arrest and volunteered to perform an inventory search of the vehicle. He understood the scope of the inventory to be limited to finding and documenting valuables. Marcinek began the inventory, as was his usual, “personal way of doing things,” on the driver’s side, starting low on the floor and working his way up. When he put his hand on the floorboard to support himself to look under the driver’s seat, he immediately felt the outlines of a handgun behind the upholstery under the brake pedal. The upholstery pulled up easily, and the officer found a nine-millimeter handgun. The vehicle was then moved to the impound lot, and Marcinek, along with his partner, continued to search the car. His partner found $50 in the glove compartment, and Marcinek discovered multiple bindles of rock cocaine in the