People v. Glass CA6

Filed 1/3/14 P. v. Glass CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039285 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1227568)

v.

MARCUS DWAYNE GLASS,

Defendant and Appellant.

Defendant Marcus Dwayne Glass appeals from a judgment of conviction entered after he pleaded guilty to grand theft of personal property with a value over $950 (Pen. Code, §§ 484, 487, subd. (a)), petty theft with three or more priors (Pen. Code, § 666, subd. (a)), and receiving stolen property (Pen. Code, § 496, subd. (a)). Defendant also admitted that he had a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) and that he had served three prior prison terms (Pen. Code, § 667.5, subd. (b)). The trial court sentenced defendant to seven years in state prison. On appeal, defendant contends that the trial court erred when it denied his motion to suppress evidence. We find no error and affirm the judgment.

I. Statement of Facts1 At approximately 4:18 a.m. on March 6, 2012, Officer Jason Park was patrolling the area of Martin Avenue and Mount Rushmore in San Jose in a marked patrol car when he saw defendant walking out of the parking lot of an elementary school. The area was “pretty dark.” Officer Park pulled his car to the curb and flashed his spotlight on defendant, who was approximately 10 to 20 feet away. The officer’s car was not blocking defendant from walking in either direction on the sidewalk. Officer Park exited his car, did not draw his weapon, and did not tell defendant to stop. With the patrol car between him and defendant, the officer asked defendant what he was doing in the parking lot. Defendant replied that he was coming from a friend’s house. The officer also asked him where he was going and where he lived. In response to Officer Park’s questioning, defendant stated that he had previously been arrested for “possession” and he was on parole. Defendant also gave his name and date of birth. Officer Park spoke to defendant “in a conversational manner, very calm voice, very low voice.” After defendant continued walking northbound on Mount Rushmore, Officer Park conducted a records check and pulled up information on CLETS indicating that defendant was “a parolee at large.” The officer went immediately northbound on Mount Rushmore to locate defendant, who was two to three blocks away. Officer Park said, “Hey, can you come over here, there’s something that happened down the street. I need to investigate it a little further.” When defendant walked over to the officer, he placed him in handcuffs. Officer Park searched defendant and found an identification card and a social security card. The officer then conducted another records check through dispatch to confirm the information on CLETS that defendant was absconding and that a warrant was out for his arrest.