People v. Renteria

Opinion

YEGAN, J.

Angel Anthony Renteria was convicted by plea of nolo contendere to assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and two counts of false imprisonment (Pen. Code, § 236). Prior thereto, he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. He was sentenced to state prison for four years and four months. He appeals contending: “The judgment must be reversed because the trial court erred in denying appellant’s 1538.5 motion.” Specifically, appellant claims that “. . . [t]he investigative stop by Officer Boulais was improper because he lacked the specific and articulable facts required to stop appellant’s truck.” We disagree and affirm the judgment.

We view the evidence in the light most favorable to the order denying suppression which is required by the familiar rule governing appellate review.

(People

v.

Williams

(1988) 45 Cal.3d 1268, 1301 [248 Cal.Rptr. 834, 756 P.2d 221].) Our recitation of the evidence includes reasonable factual inferences drawn by the superior court sitting as trier of fact.

(People

v.

Lawler

(1973) 9 Cal.3d 156, 160 (107 Cal.Rptr. 13, 507 P.2d 621].) Between 9 and 10 p. m. on August 2,1990, two men armed with firearms and wearing nylon stockings over their faces, committed a brutal robbery at the Garcia residence in Nipomo. The robbers fled in a vehicle with at least $4,000 in cash and Garcia’s .357-caliber Smith and Wesson pistol. Mr. Garcia reported the robbery to the police at 9:55 p.m. He advised that he recognized one of the robbers as a “gang member” who lived in Santa Maria and who went by the name, “Block.”

“Block” was known to the Santa Maria Police Department. His real name was Rudy Valles, appellant’s codefendant herein. Valles’s penchant for

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firearms and violence was well documented. Police officers immediately did a “stake out” of his house. Around midnight, officer Andre Boulais saw a truck driven by appellant, with Valles as his passenger, pull into the driveway. Valles got out of the truck and walked back and forth between the truck and garage and backyard. Valles appeared nervous. At one point, Valles appeared to be hiding something. He gave the concealed object to appellant just before appellant drove away.