People v. Pedersen CA1/4

Filed 4/30/15 P. v. Pedersen CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, Plaintiff and Respondent, v. A139979 GARY WAYNE PEDERSEN, JR. (Sonoma County Defendant and Appellant. Super. Ct. No. SCR-634621)

Gary Wayne Pedersen, Jr., appeals from a judgment upon a jury verdict finding him guilty of two counts of receiving a stolen vehicle (Pen. Code,1 § 496d, subd. (a)). In a bifurcated proceeding, defendant admitted that he suffered a prior serious felony conviction (§ 1170.12) and that he was out on bail when he committed the second count of receiving a stolen vehicle (§ 12022.1). Defendant contends that the trial court erred in denying his motion to suppress evidence, or alternatively that he was denied the effective assistance of counsel because his trial counsel did not renew the suppression motion when the charges in his case were re-filed. We modify the judgment to correct a clerical error, but otherwise affirm the judgment.

1 All statutory references are to the Penal Code.

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I. FACTS A. December 26, 2012 offense On Christmas evening in 2012, Katie McAfee returned to her apartment in Santa Rosa and parked her Honda Civic in the carport. She went to bed at 8:00 p.m. because she had to get up for work at 3:45 a.m. At about 3:30 a.m. on December 26, 2012, Officer Kyle Boyd was dispatched to the vicinity of 825 Russell Avenue to investigate a suspicious vehicle. Boyd found a suspicious vehicle in the parking lot of a small strip mall to the east of the apartment complex at 825 Russell Avenue. As he approached the green Honda Civic, he used his patrol vehicle’s spotlight to illuminate it and saw defendant sitting in the passenger seat. Defendant exited from the car and walked toward Boyd. Boyd asked for defendant’s identification and defendant provided his California identification card. Boyd had no response to Boyd’s inquiry regarding what defendant was doing in the car in the parking lot late at night. Officer Jeffrey Woods arrived on the scene to assist Boyd. He searched the car and found that the stereo had been taken out of the dashboard and was on the seat of the car. Debris and clothing were in the front and back seats of the car. Woods determined that McAfee was the owner of the car. Boyd went to McAfee’s apartment and advised her that her car had been located at a strip mall off of Russell Avenue. McAfee told Boyd that she had not given anyone permission to drive her car. Boyd drove McAfee to the mall parking lot where McAfee identified her car. She saw a lighted headlamp that was not hers in the passenger area, her stereo system was half out of the dashboard, and her belongings were all over the car. She also found a backpack in the car that was not hers, but had her belongings inside of it. Boyd searched defendant and found keys in his possession. Detective Michael McFadden testified that three of the keys found on defendant were automotive jiggler keys that are used in automobile theft as lock picks to manipulate automotive ignition