People v. Littleton CA2/1

Filed 1/29/15 P. v. Littleton CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254510

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA124049) v.

STEVE DONNELL LITTLETON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John Joseph Cheroske and Laura R. Walton, Judges. Affirmed. Linn Davis, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Shawn McGahey Webb, Supervising Deputy Attorney General, and Nathan Guttman, Deputy Attorney General, for Plaintiff and Respondent. ——————————

Following the denial of his motion to suppress, appellant Steve Littleton pleaded no contest to one count of possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)), and admitted three prior convictions within the meaning of section 667.5, subdivision (b). He was sentenced to two years in state prison. Littleton contends the trial court erred in denying his section 1538.5 motion to suppress evidence which he contends was seized pursuant to an illegal detention. We affirm. FACTUAL BACKGROUND The following facts are shown by testimony at the suppression hearing. On July 12, 2012, Detective Matthew Landreth was assigned to the gang enforcement team within the operation safe streets task force of the Los Angeles County Sheriff’s Department (LASD). Detective Landreth asked a probation officer who was also assigned to the gang enforcement team to research the residence at 11635 Pope Avenue in Lynwood (Pope house) and find out if anyone residing there was on probation. Detective Landreth had previously been to the Pope house, and knew from LASD resources and from speaking with other officers who had investigated the residence that the Pope house was owned and operated by members of the Pope Avenue “Crips” street gang. The probation officer reported that a woman named Rayshaniece Richards had identified the Pope house as her residence. Richards was on probation and subject to search-and-seizure conditions, and had an outstanding “no-bail” arrest warrant for robbery issued on October 30, 2008. On July 13, 2012, at 7:15 p.m., after confirming that Richards’s probation and warrant status remained unchanged, Detective Landreth and other deputies proceeded to the Pope house. As he and his partner approached in their patrol car, Detective Landreth saw Littleton and another man standing in front of the open door of the Pope house’s attached garage. Other people were also standing outside the home. The garage was about 30 feet from the sidewalk.