People v. Watson CA2/2

Filed 8/21/14 P. v. Watson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B249637

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA081638) v.

DARNELL BYRON WATSON,

Defendant and Appellant.

APPEAL from judgment of the Superior Court of Los Angeles County. Mark E. Windham, Judge. Affirmed.

Philip Kent Cohen, APC, Philip Kent Cohen, Michelle A. Mabugat, and Leonard A. Manalo for Defendant and Appellant Darnell Byron Watson.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Shawn McGahey Webb and Jonathan J. Kline, Deputy Attorneys General for Plaintiff and Respondent.

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Following denial of his motion to suppress evidence made initially at the preliminary hearing and then renewed in the trial court under Penal Code1 section 1538.5, subdivision (i), appellant Darnell Byron Watson pled no contest to possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). The court granted Proposition 36 probation but stayed execution pending appellate review. On appeal, appellant challenges the trial court’s denial of the renewed suppression motion, arguing the trial court erred because he was unlawfully detained. We find no error and affirm the judgment. FACTUAL AND PROCEDURAL STATEMENT2 Prosecution Case At approximately 12:50 a.m. on the morning of June 6, 2012, Culver City Police Officer Chris Horii and his partner, Officer Ferrier, were on patrol in a vehicle in the parking lot of the Ramada Hotel. The area was known for prostitution and narcotics activities. As Officer Ferrier drove down the driveway of the hotel parking lot, Officer Horii saw appellant walking in front of the vehicle with his back towards them. Officer Horii could see appellant in the headlights of the police vehicle. When appellant was illuminated by the headlights he looked over his shoulder at the police vehicle. Appellant then removed an object from his front right pocket and tossed it to his right between two parked cars. The officers suspected appellant had littered and drove up to him and spoke with him. Appellant denied throwing anything. Officer Horii searched the area where he saw appellant throw the object and found a one-by-two-inch white paper bindle containing cocaine.