People v. Jones CA2/1

Filed 5/22/14 P. v. Jones CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B249465

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA056827) v.

WILLIE LEE JONES,

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Los Angeles County, David B. Walgren, Judge. Affirmed. Law Office of Andy Miri and Andy Miri for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General, and Daniel C. Chang, Deputy Attorney General, for Plaintiff and Respondent. _____________________

A jury convicted Willie Lee Jones of transportation of a controlled substance and possession for sale of cocaine base. Jones appeals, challenging the denial of his motion to suppress evidence, and arguing that his conviction for transportation was not supported by substantial evidence. We affirm. I. The seized evidence was legally obtained. An information charged Jones with one count each of transportation of a controlled substance and possession of cocaine base for sale, in violation of Health and Safety Code sections 11352, subdivision (a) and 11351.5 respectively, and alleged that Jones had suffered five prison priors. Jones pleaded not guilty and moved to suppress evidence. Jones’s motion to suppress under Penal Code section 1538.5 argued that all the evidence seized at the time of his arrest was obtained in an unreasonable warrantless search conducted without probable cause, and his detention was also without probable cause. At the suppression hearing, Los Angeles County Sheriff Sergeant Steve Owen testified that at 7:45 a.m. on July 15, 2012, he was driving north in Lancaster when he saw Jones seated in the driver’s seat of a vehicle in a parking lot in front of a vacant Mexican restaurant, just north of the Shadow Park Hotel, in a location where “a lot of negotiations are made.” With him was a known female prostitute and drug user known as “Texas,” who Sergeant Owen recognized from previous contacts. Sergeant Owen made a U-turn, and Jones “appeared startled. He reached down as if he was either attempting to discard something or retrieve something from the driver’s floorboard.” Sergeant Owen pulled up to him, asked Jones if he had his driver’s license (he answered yes), and asked him whether he was on parole (he said he was). Because Sergeant Owen knew the area and knew Texas was a prostitute, he decided to conduct a parole search of Jones and his car. He detained Jones, had him exit, and his partner detained Texas. The search of the vehicle turned up, from underneath the driver’s seat where Jones had been reaching, a small green and white pill bottle containing something that appeared to be rock cocaine, in a large amount suitable for street sales. The search also uncovered paperwork under the front passenger seat and in a black backpack in the left rear passenger seat, and two