The People v. Frias CA6

Filed 9/25/13 P. v. Frias CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038587 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS120046)

v.

MIGUEL ANGEL FRIAS,

Defendant and Appellant.

STATEMENT OF THE CASE An information charged defendant Miguel Angel Frias with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)), possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1)), possession of black tar heroin (Health & Saf. Code, § 11350, subd. (a)), possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), resisting a peace officer (Pen. Code, § 148, subd. (a)(1)), and possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a)). Defendant filed a motion to suppress pursuant to Penal Code section 1538.5, and the trial court denied the motion. Following the denial of the motion, defendant pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and possession of a firearm within 10 years of a misdemeanor conviction (Pen. Code, § 29805). The trial court suspended imposition of sentence and placed defendant on formal probation for a period of three years.

Defendant now appeals from the judgment of conviction, arguing that the trial court erroneously denied his motion to suppress. As set forth below, we will affirm. STATEMENT OF THE FACTS1 On December 15, 2010, Luis Frias2 was placed on court probation for a period of three years. The grant of probation included a warrantless search condition. On January 8, 2012, Salinas Police Department Officer Derek Gibson received an order to conduct a probation search of Luis’s residence. Officer Gibson checked three different sources to verify Luis’s address: the Salinas Police Department records division, the Sheriff’s Department records division, and the website of Monterey County Justice Partners.3 Each of the three sources listed Luis’s current address as 1819 Cherokee Drive, Apartment 4. The records from the Salinas Police Department showed that Luis’s address had last been updated on December 3, 2010. Approximately one hour after he received the order to conduct the probation search, Officer Gibson went to 1819 Cherokee Drive, Apartment 4 with several other officers. When Officer Gibson arrived, he saw several people standing outside of the apartment. One of the individuals identified himself as Luis’s cousin, and he told Officer Gibson that Luis had vacated the apartment and recently moved to Colorado. Officer Gibson disregarded the comment about Luis’s recent move. Officer Gibson explained, “It is very common when we conduct a parole or probation compliance check that when