People v. Caradine CA1/2

Filed 4/20/15 P. .v. Caradine CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A142889 v. KEVIN DUANE CARADINE, (Marin County Super. Ct. No. SC184207A) Defendant and Appellant.

Kevin Duane Caradine was charged with possession of heroin for sale. Caradine had been approached by a police officer in Novato, California, and the officer smelled marijuana. Caradine admitted he had a marijuana cigarette, and a records check revealed that Caradine was on parole and had an outstanding warrant. When another officer arrived at the scene, Caradine ran, was pursued, and was placed in custody. The police searched Caradine and found heroin. Caradine filed a Pitchess discovery motion and a motion to suppress evidence of the drugs seized from his person. After the trial court denied these motions, Caradine pleaded guilty pursuant to a plea bargain. The court sentenced Caradine to a term of six years, the first two years in custody and the final four years on mandatory supervision. Caradine’s appointed appellate counsel has filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) (see Anders v. California (1967) 386 U.S. 738 (Anders)), in which he raises no issue for appeal and asks this court for an independent review of the record. (See People v. Kelly (2006) 40 Cal.4th 106, 124.) Counsel attests

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that Caradine was advised of his right to file a supplemental brief, but he has not exercised that right. We have examined the entire record in accordance with Wende. We agree with counsel that no arguable issue exists on appeal and affirm. BACKGROUND Police Officer Sean Sinnott was patrolling in his vehicle in downtown Novato, California, near Redwood Boulevard and Olive Avenue on February 1, 2013. At about 12:37 p.m. he saw Caradine, who was doing nothing suspicious, seated at a bus stop. Sinnott usually recognized a high percentage of people in the area, but he did not recognize Caradine, so he decided to engage in a consensual encounter with Caradine. Sinnott parked his patrol car and walked to the bus stop at a normal pace. To Caradine’s right at the bus stop was another man whom Sinnott also did not recognize. Sinnott asked Caradine how he was doing and Caradine asked what Sinnott wanted. Sinnott replied that he was “just saying hi.” Caradine asked if he had done anything wrong, and Sinnott said he had not. Sinnott also spoke to the other man, who said he was on probation. Sinnott asked Caradine and the other man for identification and both men gave Sinnott their identification cards. Sinnott called police dispatch for a records check on the two names. Either before asking for identification, or immediately afterwards, Sinnott smelled marijuana and continued to smell it while waiting for the records check. Sinnott asked the men if they had any marijuana. Caradine said that he had a marijuana cigarette and the other man denied having marijuana. A bus arrived, and Caradine wanted to board, but Sinnott told him he was not free to go. Sinnott allowed the other man to leave. After about five minutes, dispatch informed Sinnott that Caradine was on parole and had an outstanding warrant. Sinnott waited for a covering officer to arrive before taking any action. When the other officer arrived, Caradine left his seat at the bus stop and ran across the four lanes and median of Redwood Boulevard. Sinnott pursued Caradine, caught up with him, and arrested him. Sinnott conducted two searches, one at