People v. Reyes CA6

Filed 12/18/13 P. v. Reyes CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039471 (Monterey County Plaintiff and Respondent, Super. Ct. Nos. SS120415, SS120427)

v.

GABRIEL PHILLIP REYES,

Defendant and Appellant.

Defendant Gabriel Phillip Reyes appeals from an order reinstating him on probation. He contends that there was insufficient evidence that he had violated the terms of his probation. We affirm.

I. Statement of the Case In April 2012, defendant pleaded no contest to possession of a controlled substance for sale (Health & Saf. Code, § 11351) in case No. SS120415A. On the same day, in case No. SS120427A, he pleaded no contest to carrying a concealed firearm (Pen. Code, § 25400, subd. (a)(2)) and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)). He also admitted the allegation that he was not the registered owner of the firearm. In May 2012, the trial court placed defendant on probation for three years in each case.

In January 2013, a notice of violation of probation was filed in both cases. It alleged that defendant associated with an individual on probation and possessed a controlled substance. In February 2013, the trial court held a probation revocation hearing and found that defendant violated the terms of his probation by possessing a controlled substance. In March 2013, the trial court reinstated probation in each case.

II. Statement of Facts1 At approximately 11:30 p.m. on January 27, 2013, Salinas Police Officer Ruben Sanchez was patrolling the area of South Sanborn and John Street in Salinas when he observed a gray Eclipse pull into the EconoLodge parking lot. According to Sanchez, this is an area which is known for prostitution, narcotic sales, and gang activity. Jiovany Ramirez was the driver and defendant was the passenger. Sanchez knew that defendant was on felony probation and subject to search and seizure terms. After conducting a records check, Sanchez learned that Ramirez was also on felony probation with the same terms. Defendant told Sanchez that they were there to meet someone. Sanchez searched the vehicle and found a small, clear zip-lock baggie on the floorboard under the driver’s seat. The baggie contained a white powdery substance, which Sanchez recognized as cocaine. Defendant was searched and a small, clear zip- lock baggie, which was the same kind of baggie as that found in the vehicle, was found on his person. This baggie also contained a white powdery substance similar to that found in the baggie in the vehicle. A presumptive test of the white powder in the baggie found in the vehicle was positive for cocaine. The substance in the baggie found on defendant was not tested.