People v. Grijalva CA6

Filed 4/30/14 P. v. Grijalva CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039995 (Monterey County Plaintiff and Respondent, Super. Ct. No. SS121669A)

v.

RAFAEL LEE GRIJALVA,

Defendant and Appellant.

In May 2013, defendant Rafael Lee Grijalva pleaded guilty to possession of a firearm by a felon, a felony (Pen. Code, § 29800, subd. (a)(1)),1 and possession of marijuana for sale, a felony (Health & Saf. Code, § 11359), pursuant to a negotiated plea agreement under which he would be granted felony probation and the dismissal of a felony charge of possession of ammunition by a felon (§ 30305, subd. (a)(1)). In August 2013, the court suspended imposition of the sentence and placed defendant on formal probation for three years. Defendant filed a timely appeal, challenging the court’s ruling on a motion to quash and traverse the search warrant. We will affirm. FACTUAL BACKGROUND2 On the afternoon of August 10, 2012, police officers executed a search warrant at defendant’s home, a one-bedroom apartment on Cosky Drive in Marina. The warrant

1 All further statutory references are to the Penal Code unless otherwise stated. 2 The factual background is derived from the probation report.

included authorization to search both defendant’s apartment and a storage area located directly in front of his assigned parking space. A search of the storage area revealed three vacuum-sealed bags of marijuana that had a combined weight of approximately 405.7 grams. The amount of marijuana found was consistent with possession of the drug for sale. Officers also found in the storage area an ammunition box that contained approximately 445 rounds of 9mm ammunition; a gun case that contained a loaded Smith and Wesson semi-automatic 9mm handgun, which had 9 rounds in the magazine and 1 round chambered; a Smith and Wesson 10 round magazine; and a Smith and Wesson 16 round magazine. During a search of the apartment unit, officers found a leather holster designed for concealing a firearm in a waistband, tactical rails for a firearm, and an operations guide for an AR-15 assault rifle. No assault rifle was located during the search. Police also found a digital scale stored in a box, with visible marijuana residue on the scale. It was disclosed during a records check that the firearm seized from defendant’s storage area had been stolen in 2008 in San José. It was also determined that defendant had been previously convicted of a felony and was prohibited from owning or possessing firearms. PROCEDURAL HISTORY Defendant was charged by information filed December 14, 2012, with possession of a firearm by a felon, a felony (§ 29800, subd. (a)(1); count 1); possession of marijuana for sale, a felony (Health & Saf. Code, § 11359; count 2); and possession of a ammunition by a felon, a felony (§ 30305, subd. (a)(1); count 3). On January 24, 2013, defendant filed a motion to quash and traverse the search warrant, pursuant to section 1538.5, which motion was opposed by the People. Defendant filed a supplemental brief in support of his motion. After a hearing on May 16, 2013, the court denied the motion to quash and traverse the search warrant.