People v. Espinoza CA2/6

Filed 10/27/14 P. v. Espinoza CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B250378 (Super. Ct. No. F490936-DE007, -DE013) Plaintiff and Respondent, (San Luis Obispo County)

v.

CARLOS FELIPE ESPINOZA et al.,

Defendants and Appellants.

Carlos Felipe Espinoza appeals a judgment entered following his nolo contendere plea to transportation of marijuana. (Health & Saf. Code, § 11360, subd. (a).) We affirm. Jesus Antonio Lomero Gonzalez appeals a judgment entered following his nolo contendere plea to conspiracy to commit transportation of marijuana. (Pen. Code, § 182, subd. (a)(1)1; Health & Saf. Code, § 11360, subd. (a).) We affirm. FACTS AND PROCEDURAL HISTORY On May 28, 2013, San Luis Obispo County Sheriff's Deputy Gerald Lee Giese received an anonymous telephone call stating that a "panga" boat would be offloaded at Montana de Oro State Park that evening.2 Giese established a surveillance

1 All further statutory references are to the Penal Code unless stated otherwise. 2 A panga boat is "an open-bow vessel commonly used for smuggling." (United States v. Ramos-Atondo (9th Cir. 2013) 732 F.3d 1113, 1117.)

team in the park area who observed four vehicles enter and leave the park several times in the late evening and early morning hours. Shortly thereafter, Giese received information from the United States Coast Guard that a panga boat was beached at the park. Deputies then stopped the four vehicles as they left the park within a few minutes of each other. The occupants wore wet and sandy clothing. When the deputies opened the back door of one vehicle, they discovered 1,909 pounds of marijuana worth between $2,000,000 and $6,000,000. The vehicles contained walkie-talkies set to the same channel; one vehicle also contained a semi-automatic firearm. Subsequently, the San Luis Obispo grand jury indicted Espinoza, Gonzalez, and 12 others, charging various drug crimes arising from the traffic stop and contraband discovery. On July 1, 2013, Espinoza filed a motion to suppress evidence of the marijuana and other items seized, asserting that his detention was unconstitutional. (§ 1538.5.) Gonzalez joined the motion. On July 25, 2013, the trial court held a suppression hearing, during which Detectives Giese and Nicholas Fontecchio testified. Giese testified that he is a longtime narcotics detective who has worked with the United States Customs Service regarding marijuana smuggling along the California coastline. He stated that in 2008 the San Luis Obispo County coastline became a target for marijuana smuggling. Giese described training that he received from the Drug Enforcement Administration and Department of Homeland Security regarding smugglers' use of wooden panga boats, favored for their deep hulls and open bows that allow a low profile on the water. In April 2013, Giese received information from the Santa Barbara County Sheriff's Department that it had recovered marijuana and a GPS unit from a panga boat. The GPS unit included the Montana de Oro State Park, a rural area with a rugged coastline, as a waypoint. On May 28, 2013, Giese received an anonymous telephone call predicting "possible marine smuggling activity" in the park. In response to the call, Giese established a surveillance team in the Montana de Oro area that evening.