People v. Rodriguez CA6

Filed 8/13/14 P. v. Rodriguez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039197 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. F21789)

v.

ISMAEL PLACENCIA RODRIGUEZ,

Defendant and Appellant.

Defendant Ismael Placencia Rodriguez appeals from a judgment of conviction entered after he pleaded guilty to street terrorism (Pen. Code, § 186.22, subd. (a)) and possession of an assault weapon (Pen. Code, former § 12280, subd. (b)). Pursuant to the negotiated plea agreement, the trial court suspended imposition of sentence and granted probation for 36 months. On appeal, defendant contends that the trial court erred in denying his motion to suppress evidence. Defendant also requests that this court independently review the sealed portion of the search warrant. We find no error and affirm the judgment.

I. Statement of Facts On November 10, 2011, police officers conducted a surveillance of the area of 624 Rodriguez Street in Watsonville. It appeared that a gang meeting had taken place at that

address, because they observed several Norteno gang members leaving the residence. Based on this information, Detective Morgan Chappell applied for a search warrant in which he stated his expertise and the reasons supporting probable cause. He also listed the places and persons to be searched in addendum #1 and described the things to be seized in addendum #2, and requested that “a search warrant be granted for the residence and vehicles under Rodriguez’[s] dominion and control.” The magistrate approved a warrant which stated in relevant part: “You are therefore commanded to search the following: See addendum #1, incorporated herein as reference.” (Capitalization omitted.) Addendum #1 stated: “PROPERTY: The home of Ismael Rodriguez is described as follows: [¶] Main house is two story, green wood siding with blue trim and a brown composite roof. [¶] A black iron security door covers the front door. [¶] On the right hand side trim to the front door is 624 in gold letters aligned vertically. [¶] Front door faces west towards Rodriguez [S]t. [¶] There is a detached garage behind the main house. [¶] There are three other detached outbuildings. [¶] There is a second door on the south side that has 624A in black numbers attached to the porch beam. [¶] The residence includes all rooms, closets, locked containers, attics, basements, garbage bins, storage areas, garages, outbuildings, sheds, and yards that are[] associated with the residences.” Detective Chappell believed that the search warrant authorized the search of vehicles on the premises, but Detective Albert Lopez “wasn’t completely sure” whether it did. At approximately 8:00 p.m. on November 11, 2011, police officers, including Detectives Chappell and Lopez, went to defendant’s residence at 624 Rodriguez Street to execute the search warrant. Detective Lopez spoke to Irma Placencia, defendant’s mother, and informed her that they were there to execute the search warrant. When the officers searched the living room, they found a loaded .38 caliber handgun under the couch where defendant slept. They also found defendant’s