People v. Delacruz CA2/5

Filed 9/2/15 P. v. Delacruz CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B256759

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA413433) v.

JONATHAN TOBY DELACRUZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Fred N. Wapner, Judge. Affirmed. Morgan H. Daly, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven E. Mercer and Wyatt E. Bloomfield, Deputy Attorneys General, for Plaintiff and Respondent.

Following the denial of his motion to suppress evidence, appellant Jonathan Delacruz (appellant) pled no contest to one count of possession of a controlled substance with a firearm in violation of Health and Safety Code section 11370.1, subdivision (a). Appellant admitted that he had suffered a prior serious or violent felony conviction within the meaning of Penal Code sections 667, subdivisions (b) through (i), and 1170.12 (the Three Strikes law). The trial court sentenced appellant to the middle term of three years in state prison, doubled pursuant to six years pursuant to the Three Strikes law. Appellant appeals from the judgment of conviction, contending the trial court erred in denying his motion to suppress evidence. Appellant also requests that this court review the in camera transcript of his Pitchess1 motion for discovery of peace officer personnel records. We affirm the judgment of conviction.

Facts At the hearing on appellant’s motion to suppress evidence, Los Angeles County Sheriff’s Deputy Marco Magana testified that on July 9, 2013, at 6:00 p.m., he saw a white BMW make an unsafe lane change. Deputy Magana also noticed that the car had a cracked windshield. He stopped the car, which was being driven by appellant. There was a male passenger in the front seat. Deputy Magana asked appellant if he had a valid driver’s license. Appellant replied that his license was suspended. Deputy Magana detained appellant and his passenger while the deputy conducted an unlicensed driver investigation. The deputy directed the men to get out of the car. Deputy Magana asked appellant where his registration and insurance card were located. Appellant replied that they “should be in the glove compartment or center console area.” The deputy got into the front passenger seat of appellant’s car and attempted to open the glove compartment. It was locked. Deputy Magana took the car