People v. Scott CA2/2

Filed 12/5/13 P. v. Scott CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B246341

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA359979) v.

MICHAEL EUGENE SCOTT,

Defendant and Appellant.

THE COURT:*

Michael Eugene Scott appeals from a judgment following a guilty plea pursuant to a plea agreement. According to facts taken from the preliminary hearing transcript, on August 4, 2009, Los Angeles Police Department (LAPD) Detective Joe Alves along with other LAPD officers were investigating narcotics activity in the area of Pico Boulevard and Cloverdale Avenue in the County of Los Angeles. A narcotics suspect named

* BOREN, P. J ., CHAVEZ, J., FERNS, J.†

† Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Howard1 who had been cited earlier for possession of a cocaine pipe was under surveillance. Appellant drove slowly into the area, pulled his car into a driveway next to Howard, and began speaking to him. Appellant reached towards the passenger side of the car as Howard looked up and down the street. Howard pointed to LAPD Officers Peko and Barrigan, who were sitting in a police car. Howard said something to appellant, and appellant immediately drove away. Detective Alves detained appellant pending a narcotics investigation and asked permission to search appellant’s car. Appellant told Detective Alves to “go ahead and check it.” During the search of appellant’s vehicle, Detective Alves discovered a release switch for a hidden compartment in the dashboard. Detective Alves found inside the passenger side airbag compartment individually wrapped baggies of cocaine base. Based on the quantity of cocaine and his over 11 years of experience investigating narcotics sales, Detective Alves opined that the cocaine was possessed for purposes of sale. Appellant testified that he was driving through the area when Howard flagged him down. He knew Howard asked people for money and stopped to talk to him. As he started to leave he was surrounded by police officers and detained. He did not give consent for a search of his vehicle. On January 13, 2010, the trial court denied appellant’s motion to set aside the information (Pen. Code, § 995),2 and denied appellant’s motion to suppress (§ 1538.5, subd. (i)). On October 5, 2010, after consulting with counsel, appellant pled guilty to one count of possession for purposes of sale of cocaine base in violation of Health and Safety Code section 11351.5, and one count of transportation of cocaine base in violation of Health and Safety Code section 11352, subdivision (a). Appellant also admitted having suffered one strike under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i),