People v. Chambers CA3

Filed 9/18/14 P. v. Chambers CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento)

THE PEOPLE, C075908

Plaintiff and Respondent, (Super. Ct. No. 13F04794)

v.

DUSHAWN JEROME CHAMBERS,

Defendant and Appellant.

Appointed counsel for defendant Dushawn Jerome Chambers asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Finding no errors, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On July 26, 2013, Britney Williams, the owner of a 2012 silver Toyota Yaris with license plate number 7AYP327, returned home from the grocery store (in her car) and brought the groceries to her apartment. Williams inadvertently left her keys in the door to her apartment when she brought the groceries inside. Later that afternoon, when she went to collect her mail,

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Williams noticed she did not have her keys. While searching for her keys, she discovered that her car was missing from the parking lot. She reported to the highway patrol that her car had been stolen. Williams had not given defendant or anyone other than her boyfriend permission to drive her car. That evening at approximately 10:00 p.m., while responding to an unrelated call in the Oak Park neighborhood with his partner Officer Christopher Swift, Officer Mark Redlich saw defendant slowly drive by their patrol vehicle in a silver Yaris with license plate number 7AYP327. Officer Redlich ran the license plate number and learned that the car had been reported stolen. They pursued the car and located the car parked at the curb, with defendant and a woman standing beside the car on the sidewalk. Based on defendant’s directions, officers recovered the keys to the car from the fenced-in front lawn of the house next to where the car was parked. Officers placed defendant in the back seat of the patrol car, which they had previously checked for contraband. When Officer Swift removed defendant from the back seat of the patrol car at the main jail, he found a small narcotics pipe on the seat. Defendant was charged with driving a stolen vehicle (Veh. Code, § 10851, subd. (a); count one), receiving stolen property (Pen. Code, § 496d, subd. (a); count two),1 and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364.1; count three). It was also alleged defendant had suffered two prior convictions for which he served prison terms within the meaning of section 667.5, subdivision (b) and that one of those convictions was for a serious felony within the meaning of section 1192.7, subdivision (c) and section 667, subdivisions (b) through (i). Defendant moved to suppress defendant’s statements and the drug paraphernalia recovered in the back seat of the patrol car because the search (via a computerized license