People v. Chavez CA2/5

Filed 2/13/14 P. v. Chavez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B247842

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA074188) v.

ARTHUR JOSE CHAVEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Hayden A. Zacky, 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, Victoria B. Wilson and Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Arthur Jose Chavez pled guilty, following the denial of his Penal Code1 section 1538.5 motion to suppress evidence, to one count of possession of a controlled substance in violation of Health and Safety Code section 11350, subdivision (a), and one count of resisting an executive officer in violation of section 69. He admitted he had suffered a prior strike conviction within the meaning of sections 667, subdivisions (b) through (i), and 1170.12. The court sentenced appellant to the agreed upon term of four years in state prison. Appellant appeals from the denial of his motion to suppress, contending the warrantless search of his person during the traffic stop violated the Fourth Amendment. We affirm the judgment of conviction.

FACTS On July 28, 2012, at about 9:05 p.m., Los Angeles Police Sergeant Nakamura, Officer Coleman and Officer Wood were on patrol when they noticed that they could not read the license plate of appellant’s car from 50 feet away. One of the license plate lights was not working. They stopped appellant for a violation of Vehicle Code section 24601. A violation of Vehicle Code section 24601 is an infraction, and is punishable by a citation, unless the motorist fails to present his driver’s license or other satisfactory proof of registration, refuses to give his written promise to appear or demands an immediate appearance before a magistrate. (Veh. Code, § 40302.) Sergeant Nakamura and Officer Coleman walked over to appellant’s car. Appellant was the driver and sole occupant of the vehicle. Sergeant Nakamura asked appellant for his driver’s license, registration and insurance. He also asked appellant if he was on probation or parole. Appellant replied that he was on formal probation for a burglary. The sergeant asked appellant to step out of the car. Appellant complied, and Officer Wood searched him. The officer found a small package containing heroin in one of appellant’s pockets.