People v. Santiago CA5

Filed 3/16/15 P. v. Santiago CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F068449 Plaintiff and Respondent, (Super. Ct. No. CRM026379) v.

ANGEL JUAN SANTIAGO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Ronald W. Hansen, Judge. Cynthia L. Barnes, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Detjen, J. and Smith, J.

Appellant Angel Juan Santiago pled no contest to being a felon in possession of a firearm (count 1/Pen. Code, § 29800, subd. (a)(1)) and possession of methamphetamine while armed with a loaded, operable firearm (count 4/Health & Saf. Code, § 11370.1, subd. (a)) and he admitted allegations that he had a prior conviction within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On November 20, 2013, the court sentenced Santiago to an aggregate four-year prison term, the mitigated term of two years on count 4, doubled to four years because of Santiago’s prior strike conviction, and a stayed term on count 1. On appeal, Santiago contends the court erred when it denied his motion to suppress. We affirm. FACTS On February 2, 2013, Santiago was involved in an auto accident and left the scene without identifying himself. Atwater police officers located Santiago and arrested him after finding a loaded revolver, digital scales, and two baggies containing methamphetamine in a jacket Santiago dropped on the ground. On August 9, 2013, Santiago filed a suppression motion, contending the search of his jacket containing the contraband was the product of an unlawful detention. On August 20, 2013, at a hearing on the suppression motion, Atwater Police Officer Matthew Vierra testified that on February 2, 2013, at approximately 7:09 p.m., he responded to a call regarding a traffic collision on Willow Street and Mitchell Avenue and spoke with Maria Benitez. Benitez told the officer she was driving westbound on Mitchell when she turned left (south) onto Willow and collided with a vehicle that was traveling eastbound on Mitchell. After the collision both vehicles pulled off to the side. After she and the other driver, who was eventually identified as Santiago, got out of their cars, Santiago told Benitez, “You don’t have to call the police, I don’t have a driver’s license.” Santiago did, however, provide Benitez with a registration and insurance