People v. Ruiz CA5

Filed 10/15/15 P. v. Ruiz 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F069553 Plaintiff and Respondent, (Super. Ct. No. PCF290775) v.

JOSEPH RUIZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Stephen Drew, Judge. (Retired Judge of the Tulare Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Tutti Hacking, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Stephen G. Herndon, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Peña, J. and Smith, J.

INTRODUCTION Appellant Joseph Ruiz entered into a plea agreement whereby he pled no contest to possession of methamphetamine and being under the influence of methamphetamine and admitted suffering two prior strike convictions, in exchange for dismissal of a third charge and a referral to the recovery court program. The plea agreement was reached after Ruiz’s motion to suppress was denied. Ruiz appeals, contending the trial court erred in denying the motion to suppress. We will affirm the judgment. FACTUAL AND PROCEDURAL SUMMARY An information was filed on November 27, 2013, charging Ruiz with possession of methamphetamine, possession of methamphetamine for sale, and being under the influence of methamphetamine. The information also alleged that Ruiz had suffered two prior strike convictions. Ruiz pled not guilty and denied the allegations. A hearing on Ruiz’s motion to suppress evidence pursuant to Penal Code section 1538.5 was heard on December 31, 2013. Porterville Police Officer Edgar Calderon testified at the suppression hearing. On November 1, 2013, at around 12:07 p.m., Calderon was driving on Morton Avenue when he noticed Ruiz riding a bicycle on the sidewalk against the flow of street traffic. Calderon believed riding a bicycle on the sidewalk against the flow of traffic was a violation of Vehicle Code section 21650. 1 Calderon effected a traffic stop; Ruiz identified himself. Calderon thought Ruiz appeared nervous, and his voice was jittery and choppy. Ruiz was wearing loose-fitting clothing, which Calderon thought could conceal a weapon. Based upon Ruiz’s demeanor and his clothing, Calderon conducted a patdown search of Ruiz. During the patdown, Calderon instructed Ruiz to interlace his fingers, but Ruiz did not comply. Calderon asked Ruiz if he had anything illegal inside his pockets or backpack. Ruiz responded that he had marijuana in his backpack. Calderon testified that in similar