People v. Gibson CA2/8

Filed 3/4/14 P. v. Gibson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B252374

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA411672) v.

LEDARIO GIBSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Rand S. Rubin, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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After his motion to suppress was denied, defendant and appellant Ledario Gibson pleaded no contest to possession of a controlled substance, and admitted he had suffered a prior strike conviction. (Health & Saf. Code, § 11377, subd. (a); Pen. Code, §§ 667, subds. (b)-(j); 1170.12, subds. (a)-(d).) We affirm. FACTS1 Los Angeles Police Officer Richard Acosta and his partner stopped and spoke to a probationer on a public street, then accompanied him about a half mile to an apartment at 6105 Franklin Avenue to conduct a probation “compliance” search. The officers used the probationer’s key to enter his apartment. Gibson was in the entry room area of the apartment. Officer Acosta asked Gibson if he lived at the apartment, and Gibson stated that he did not. When Officer Acosta asked Gibson if he had identification, Gibson said that he had none, but that he had a “ticket” with his name on it in a purse. Officer Acosta asked Gibson if he could look in the purse for the ticket, and Gibson said yes. When Officer Acosta looked in the “main compartment” of the purse, he saw a small glass pipe with a “residue resembling methamphetamine” and a clear plastic baggie “with an off- white residue resembling methamphetamine.” Officer Acosta poured the contents of Gibson’s purse on a bed, and found the ticket mentioned by Gibson; it showed that he lived at 1611 North Schrader. In June 2013, the People filed an information charging Gibson with possession of a controlled substance. (Health & Saf. Code, § 11377, subd. (a).) Further, that Gibson suffered a prior strike conviction for assault in 2007. (Pen. Code, §§ 667, subds. (b)-(j); 1170.12, subds. (a)-(d); 245, subd. (a)(1).) Gibson filed a motion to suppress “all of the officers’ observations” at the Franklin Avenue apartment, as well as the glass pipe and the plastic baggie containing methamphetamine. Gibson’s argued that the officer’s entry into the apartment was unlawful because they did not have a warrant, and that any