People v. Rodriguez CA2/1

Filed 11/25/14 P. v. Rodriguez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254064

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA103584) v.

GUILLERMO RODRIGUEZ,

Defendant and Appellant.

B257120 In re (Los Angeles County GUILLERMO RODRIGUEZ Super. Ct. No. KA103584)

on Habeas Corpus.

APPEAL from a judgment of the Superior Court of Los Angeles County, Wade Olson, Commissioner. Affirmed. ORIGINAL PROCEEDING; petition for writ of habeas corpus, Wade Olson, Commissioner. Petition denied. Guillermo Rodriguez, in pro. per.; Sylvia Ronnau, under appointment by the Court of Appeal, for Defendant, Appellant and Petitioner.

Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Victoria B. Wilson, Supervising Deputy Attorney General, and Mark E. Weber, Deputy Attorney General, for Respondent. —————————— SUMMARY An information filed November 27, 2013 alleged that on October 29, 2013, defendant and petitioner Guillermo Rodriguez committed second degree burglary of an automobile in violation of Penal Code section 459, a felony.1 The information further alleged that defendant had been convicted of two strike offenses, carjacking and robbery, and that defendant had served three separate prison terms for carjacking, robbery, and possession and sale of a controlled substance. (§§ 211, 215; Health & Saf. Code, §§ 11378, 11377, subd. (a).) FACTUAL BACKGROUND On October 29, 2013, two Baldwin Park police officers were in their patrol car driving southbound on Vineland Avenue when they observed defendant riding his bicycle on the sidewalk traveling northbound. Defendant had no bicycle lights.2 The officers observed defendant had a flashlight in one of his hands. The officers conducted a stop and asked defendant to sit on the sidewalk. A warrant check on defendant did not reveal any outstanding warrants. With defendant’s consent, the officers searched his backpack. Inside, they found a car stereo, a chisel, a surveillance camera, and a check made out to a third party. There were shards of glass inside the backpack. Defendant said he had bought the stereo from his cousin. A man and a woman walked up to the officers while they were searching the backpack and stated that their vehicle had just been burglarized. The man identified the