People v. Raiff CA1/3

Filed 1/27/15 P. v. Raiff CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A142598 v. JOHN BRYAN RAIFF, (Solano County Super. Ct. No. FCR301592) Defendant and Appellant.

John Bryan Raiff (appellant) appeals from a judgment entered after he pleaded no contest to possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and admitted he had suffered two prison priors (Pen. Code, § 667.5). Appellant’s counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 and requests that we conduct an independent review of the record. Appellant was informed of his right to file a supplemental brief and did not do so. Having independently reviewed the record, we conclude there are no issues that require further briefing, and shall affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND An information was filed December 17, 2013 alleging that appellant had possessed a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a), count 1), and had suffered four prison priors (Pen. Code, § 667.5).

1

The information was based on an incident that occurred on August 2, 2013.1 At approximately 9:45 that morning, Fairfield police officer Samuel Rowland and his partner, Detective Griego, were in the area of North Texas and Utah Street in Fairfield, trying to find Jessica Castro to question her about a homicide investigation. Neither was in uniform, but both wore badges and carried guns and a radio. While standing in the front yard of a house on Utah Street, Rowland noticed a large, yellow Dodge van parked in the driveway next door with a female passenger who appeared to be Castro. The passenger door was closed, the window was rolled down, and the radio was playing, but the engine was not on. Rowland went up to the van and asked to speak to Castro, and a woman got out of the van. Appellant, who was sitting in the driver’s seat of the van, got out at the same time; Rowland could not recall whether he had asked appellant to also get out of the van. The van was not registered to appellant. As Griego spoke to Castro, Rowland engaged in “[s]mall talk” with appellant on the sidewalk near the back of the van. Appellant asked if he could get his dog and put him in the backyard of his house on Utah Street. Rowland accompanied appellant towards the side gate of the house, and as they walked back, Rowland noticed “what appeared to be someone hiding in the back” of the van. Rowland called for a cover unit and another officer arrived at the scene. The officers found a third person, Donald Murphy, in the van, covered with a blanket “over most of his body except for his shoes.” Rowland knew Murphy, but Murphy initially identified himself with a different name, Michael Edwards. The officers called Murphy out of the van and determined that Murphy was on parole, with search and seizure terms. The officers searched the van and found a sawed off shotgun and what appeared to be a pipe used for smoking methamphetamine. Appellant was arrested, and upon a search incident to arrest, the officers found methamphetamine. Appellant moved to suppress the evidence against him (Pen. Code, § 1538.5), and following a hearing on April 30, 2014, the trial court denied the motion. The court found 1 The facts relating to the incident are taken from the hearing on a motion to suppress.