The People v. Wall CA5

Filed 8/30/13 P. v. Wall CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F064254

v. (Super. Ct. No. BF133330C)

WILLIE BOB WALL, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Gomes, Acting P.J., Detjen, J., and Franson, J.

Appellant, Willie Bob Wall, pled no contest to participation in a criminal street gang (Pen. Code, § 186.22, subd. (a))1 and he admitted a prior prison term enhancement (§ 667.5, subd. (b)) and allegations that he had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On January 10, 2012, the court sentenced Wall to a stipulated term of five years. Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. PROCEDURAL AND FACTUAL BACKGROUND On August 6, 2010, at approximately 10:00 p.m., Bakersfield police officers forcibly entered a house on J Street to serve a search warrant and found Daniel German standing in the doorway to the living room and Bobby Collins in the bathroom. The officers found Wall, who was on parole, in a bedroom lying on a bed. When the officers first entered the bedroom Wall had his hands behind his back at his waistband as he arched his back lifting his buttocks off the bed. The officers ordered Wall off the bed and he complied. Officer Peter Beagley had Wall turn around and noticed that a piece of Wall’s shirt was stuffed into his underwear. Officer Beagley began searching Wall and felt a bulge between Wall’s buttock cheeks. After handcuffing Wall, Beagley and another officer pulled Wall’s shorts and underwear down to his ankles and had him bend over. Officer Beagley then saw a plastic baggie containing a white substance between Wall’s buttock cheeks and removed it. The baggie contained a total of about 4.29 grams of a substance containing cocaine. Wall, Collins, and German were members of a local criminal street gang. On November 16, 2010, the district attorney filed an information charging Wall and Collins with possession of cocaine base for sale (count 1) and participation in a