People v. McKnight CA6

Filed 7/24/15 P. v. McKnight CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H041349 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1369248)

v.

ROMAN DONNELL MCKNIGHT, JR.,

Defendant and Appellant.

Defendant Roman Donnell McKnight, Jr., appeals from a judgment of conviction entered after he pleaded no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted that he had a prior strike conviction (Pen. Code, §§ 667, subds. (b)-(i), 1170.12). Defendant contends that the trial court erred when it denied his motion to suppress evidence. We find no error and affirm.

I. Statement of the Case In November 2013, the Santa Clara District Attorney charged defendant with possession of methamphetamine with a prior strike conviction. Defendant pleaded not guilty and denied the strike conviction. At defendant’s preliminary hearing on April 18, 2014, the magistrate heard defendant’s suppression motion. The motion was denied. A few days later, the

prosecutor filed an information which charged the same offense and allegation. Defendant again pleaded not guilty. In May 2014, defendant brought a motion to dismiss pursuant to Penal Code section 995 on the ground that the motion to suppress was improperly denied. The prosecutor filed opposition. Following a hearing, the motion was denied. In June 2014, defendant pleaded no contest to the methamphetamine charge and admitted the prior strike conviction. At his sentencing hearing in August 2014, the trial court granted defendant’s Romero1 motion and placed defendant on probation for five years on condition, among other things, that he enter a substance abuse treatment program. Defendant filed a timely appeal.

II. Statement of Facts At approximately 10:50 p.m. on November 6, 2013, San Mateo County Sheriff’s Deputies Alexander Gross and Ryan Hensel were on routine patrol. They were walking towards the light rail stop at the San Jose Diridon Station when they saw a group of four people, who were standing within a few feet of each other, on the platform. One of these individuals, Ricky Martinez, made eye contact with Deputy Gross, quickly turned around, ducked behind a kiosk, and quickly came back into sight. Deputy Gross thought that this behavior was suspicious and decided to contact Martinez. While Deputy Gross spoke with Martinez he overheard parts of Deputy Hensel’s “casual and calm” conversation with the other three individuals: defendant, Jacklyn Vitola, and a woman named Joubert. As Deputy Gross spoke with Martinez, he observed symptoms which led him to believe Martinez was under the influence of a controlled substance. He decided to pat