People v. Martinez CA2/1

Filed 8/19/14 P. v. Martinez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B255305

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA076723) v.

CRISTIAN MARTINEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Leslie A. Dunn and Susan M. Speer, Judges. Affirmed. ______ Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ______

An information, filed on February 27, 2014, charged Cristian Martinez with two counts of possession for sale of a controlled substance (Health & Saf. Code, § 11351) (counts 1 and 3) and one count of transportation of a controlled substance (Health & Saf. Code, § 11352, subd. (a)) (count 2). The charges were based on evidence presented at a preliminary hearing. According to that evidence, on January 29, 2014, two officers noticed a green Ford being driven back and forth in an area known as a call and deliver narcotics location and believed that the driver was “more than likely a narcotics buyer[] waiting on a narcotics delivery.” A white Honda approached and followed the Ford to a nearby location. The officers thought a narcotics transaction was about to take place. As the officers exited their vehicle to make contact with the driver of the Honda, the driver of the Ford sped away. The driver of the Honda, identified as Martinez, did not have a driver’s license. In response to questions from the officers, Martinez said he did not have narcotics or weapons in the vehicle, but the officers could “‘check.’” The officers recovered “a black tar-like substance resembling heroin and U.S. currency” “from a hidden compartment in the center of the dash of the vehicle.” The currency totaled $3,500. The officers then obtained written consent from Martinez to search a residence. There, they discovered a black tar-like substance resembling heroin, as well as additional currency, pay and owe sheets and a digital scale. Two baggies recovered from the vehicle contained 12 large bindles totaling 248.83 grams of heroin and 11 large bindles totaling 226.46 grams of heroin. A baggie recovered from the residence contained seven plastic bindles totaling 175.70 grams of heroin. Martinez withdrew his initial plea of not guilty and entered a no contest plea to the transportation charge in count 2. Pursuant to the plea agreement, the trial court imposed the low term of three years in county jail and dismissed counts 1 and 3. Martinez filed a notice of appeal based on the denial of his motions under Penal Code section 1538.5 to suppress the evidence seized from his car and under Penal Code section 995 to dismiss the charges based on an illegal search of his car.