People v. Vasquez

14 Cal.App.4th 1158 (1993) 18 Cal. Rptr.2d 277 THE PEOPLE, Plaintiff and Respondent,

v.

FRANCISCO JAVIER VASQUEZ, Defendant and Appellant.

Docket No. H009834. Court of Appeals of California, Sixth District.

April 5, 1993. [1160] COUNSEL

Rebeccah B. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Clifford K. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WUNDERLICH, J. —

Statement of the Case

Defendant Francisco Javier Vasquez appeals from a judgment entered after the trial court found him guilty of possession of marijuana for sale and [1161] two counts of selling marijuana. (Health & Saf. Code, §§ 11359, 11360, subd, (a).) On appeal, he claims the court erred in denying his motion to suppress marijuana seized from him. We affirm the judgment.

Facts

At approximately 2:30 p.m. on November 26, 1991, Officer Gilbert Torres of the San Jose Police Department was on Welch Avenue, an area known for providing "curb service" drug sales. He observed defendant make contact with the occupants of three or four separate cars. Each time, defendant would take something from his right rear pocket, give it to the vehicles' occupants, and receive something in exchange, which he would then place in his wallet. Torres believed defendant was selling drugs.

Torres radioed Officer Michael Richmond, who was on uniformed patrol nearby, said he had observed some drug transactions, described defendant, and told Richmond to detain him. Richmond drove down Welch Avenue, saw defendant, stopped, and got out of the patrol car. He then asked defendant to come over to him. They approached each other, meeting in the street. Richmond asked defendant for identification, and defendant said he had none. Richmond then "asked him if he was selling dope." Defendant denied selling dope, but did admit possessing dope for his personal use. Richmond then asked, "where is your dope?" Defendant pointed to his right rear pocket. Richmond then removed marijuana from defendant's pocket and arrested him. At some point, Richmond pat-searched defendant, but he could not recall when he did so.