People v. Hurd CA2/4

Filed 11/13/13 P. v. Hurd CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B245314

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA098680) v.

MARKUS M. HURD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jon R. Takasugi, Judge. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Nima Razfar, Deputy Attorneys General, for Plaintiff and Respondent.

Markus M. Hurd appeals from the judgment entered following his no contest plea to one count of possession of ammunition in violation of Penal Code section 30305, subdivision (a)(1).1 Appellant challenges the trial court’s denial of his section 1538.5 motion to suppress evidence obtained during a probation search. He also asks us to conduct an independent review of the Pitchess hearing. (Pitchess v. Superior Court (1974) 11 Cal.3d 531.) We affirm.

FACTUAL AND PROCEDURAL BACKGROUND2 Appellant was released from prison on October 6, 2011, after completing a term for possession of a controlled substance while in prison. Appellant was placed on post-release community supervision (PRCS) under the Los Angeles County Probation Department. (§§ 3450, 3451.) The terms of his supervision included that he submit to search and seizure by any probation officer or peace officer at any time. On October 14, 2011, appellant told a probation officer that he was living with his mother in Monrovia, California. Appellant met with his probation officer in January or February 2012. Deputy Joseph Morales of the Los Angeles County Sheriff’s Department first encountered appellant around 2008 during a traffic stop. Because of his work as a gang investigator, Deputy Morales knew that appellant was a gang member. Deputy Morales knew that appellant had gone to prison around 2009, and he learned from other deputies that appellant had been released in late 2011 or early 2012. A few days before July 2, 2012, Deputy Morales conducted a computer search to verify that appellant was on probation or parole. He did not recall which