People v. Matos CA2/6

Filed 4/21/14 P. v. Matos CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B242333 (Super. Ct. No. 2010009351) Plaintiff and Respondent, (Ventura County)

v.

RAUL VILLALON MATOS,

Defendant and Appellant.

Raul Villalon Matos appeals a judgment following conviction of selling cocaine base, with findings of three prior drug convictions, a prior serious felony strike conviction, and service of four prior prison terms. (Health & Saf. Code, §§ 11352, subd. (a), 11370.2, subd. (a); Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667.5, subd. (b).)1 We affirm. FACTS AND PROCEDURAL HISTORY In 2006, Daniel Ihle became a confidential informant for the Ventura County Sheriff's Office to "work . . . off" a citation received for driving with a suspended license. Ihle also served as a confidential informant in return for financial remuneration. Sheriff's Detective Harry Laubacher supervised Ihle's informant activities. In May 2007, Ihle informed Laubacher that Matos, whom he knew as "Popi," was selling cocaine in Los Angeles. Ihle described Matos's height and weight,

1 All further statutory references are to the Penal Code unless otherwise stated.

and stated that Matos walked with a limp and spoke with a heavy accent. Ihle had known Matos and Matos's girlfriend, Patricia King, for approximately one month and had seen them possess crack cocaine. Ihle spoke with Matos in the English language and Matos appeared to understand the conversation. Matos and King provided their telephone numbers to Ihle. On May 24, 2007, Ihle made a monitored telephone call to Matos and arranged a narcotics transaction at a fast-food restaurant in Los Angeles. Matos "never showed up" and later telephoned Ihle and stated that "it wasn't going to happen that day." On May 30, 2007, Ihle made a second monitored telephone call to Matos from the Thousand Oaks sheriff's station. Laubacher recorded and overheard the telephone call. Matos agreed to sell Ihle "three ounces" for "five hundred dollars for an ounce." When Ihle offered to meet Matos the next day at Matos's hotel, Matos responded, "[I]t's good." In the morning of May 31, 2007, Ihle made two recorded telephone calls to Matos, indicating that he had obtained $1,400 for "the three," and that he was leaving Thousand Oaks for Los Angeles. Matos responded, "All right." Sheriff's deputies searched Ihle and his vehicle and fitted him with a wireless transmitter. They also provided him with marked currency for the drug transaction. Ihle then drove to the Continental Hotel in Los Angeles to meet Matos. When Ihle arrived at the hotel, he telephoned Matos as well as King. Within 10 minutes, Matos walked from the hotel to Ihle's vehicle. Matos advised Ihle to wait a few minutes because "[t]he guy [will] come up with an ounce and a half more." A white Ford automobile soon appeared; Matos entered the automobile for several minutes, and then left and walked into the hotel. Within 5 to 10 minutes, Matos returned to Ihle's vehicle. Matos asked Ihle to accompany him to the hotel, but Ihle refused. Matos then said he would "get out and call." Within minutes, King left the hotel and walked to Ihle's vehicle. She and Matos entered Ihle's vehicle. Matos asked Ihle if he could "check the money." Ihle gave