The People v. Simon CA5

California Court of Appeal Sep 30, 2013 No. F062736Unpublished

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Holding. The court held that the defendant's detention was supported by reasonable suspicion and not unduly prolonged, and that the trial court did not abuse its discretion in denying the defendant's motion to substitute counsel.

Issues

Whether the trial court erred in denying the motion to suppress evidence based on an allegedly prolonged detention.
Whether the trial court abused its discretion in denying the defendant's Marsden motion to substitute appointed counsel.

Disposition. affirmed

Quotations verified verbatim against the opinion

“In sum, we hold that appellant‟s detention was based on reasonable suspicion and was not unreasonably prolonged.”

“The dog‟s alert provided probable cause to search the truck.”

“we conclude that appellant failed to establish that the court abused its discretion by denying the Marsden motion.”

Filed 9/30/13 P. v. Simon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F062736 Plaintiff and Respondent, (Super. Ct. No. MF50809) v.

HERMILO SALTO SIMON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Marc A. Garcia, Judge. Aaron Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Jamie A. Scheidegger, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Wiseman, Acting P.J., Levy, J. and Kane, J.

INTRODUCTION AND FACTS On November 23, 2008, 10.6 grams of methamphetamine was found secreted inside the truck appellant Hermilo Salto Simon was driving. He was convicted after court trial of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)). Special allegations that appellant suffered three prior narcotics convictions and served two prior prison terms were found true. (Health & Saf. Code, § 11370.2, subd. (b); Pen. Code, § 667.5, subd. (b).)1 He was sentenced to an aggregate term of eight years‟ imprisonment. Appellant argues the court erred by denying his motions to suppress evidence and to substitute counsel (People v. Marsden (1970) 2 Cal.3d 118 (Marsden)). We are not convinced and will affirm the judgment. DISCUSSION I. The Suppression Motion Was Properly Denied. A. Facts. On November 15, 2010, appellant filed a motion to suppress evidence found inside his truck. (§ 1538.5.) The suppression motion was heard on November 22, 2010. Merced County Deputy Sheriff Preston Sanchez was the only witness.2 Sanchez testified that he and his partner were patrolling the Merced area in a marked police vehicle on the morning of November 23, 2008. At approximately 9:10 a.m. he observed that the brake lights of the truck that appellant was driving were not functioning. Sanchez initiated a traffic stop. As appellant pulled the truck to the side of the road, Sanchez observed appellant‟s head move to the right and drop below the level

1 Unless otherwise specified all statutory references are to the Penal Code. 2 Solely to enhance readability, titles (e.g., deputy) will be omitted after the initial reference. No disrespect is intended or implied by this informality.

The People v. Simon CA5

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