People v. Moore CA1/1

Filed 1/29/16 P. v. Moore CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, Plaintiff and Respondent, A143728 v. MICHAEL STUART MOORE, (San Mateo County Super. Ct. No. SC081574A) Defendant and Appellant.

After the trial court denied his motion to suppress, defendant Michael Stuart Moore pleaded no contest to one count of possession of methamphetamine for sale. He was sentenced to five years, half of which would be spent on supervised release. Defendant now appeals, arguing (1) the trial court erred in denying his motion to suppress and (2) the terms of his supervised release are unconstitutionally vague. We affirm the trial court’s order on the motion to suppress and also find the conditions of supervised release pass constitutional muster. However, we modify one of the conditions set forth in a minute order to reflect the conditions orally imposed by the trial court. I. BACKGROUND On August 6, 2014, defendant was charged by information with two counts of possession of methamphetamine for sale (Health & Saf. Code, § 11378), one count of possession of a billy club (Pen. Code, § 22210), two counts of possession of drug paraphernalia (Health & Saf. Code, former § 11364.1), and one count of unlawful use of methamphetamine (id., § 11550, subd. (a)). The charges stemmed from two arrests, one on January 4, 2014, and the other on April 24, 2014. As to the methamphetamine

possession charges, the information alleged defendant had suffered two prior convictions under Health and Safety Code section 11370.2, subdivision (c). Officer Bret Mueller made both the January 4 and April 24 arrests. On January 4, Mueller followed a four-door sedan, in which defendant was a passenger, into a residential neighborhood in Belmont. The police had numerous prior contacts with the registered owner of the vehicle, and the driver appeared lost. After the vehicle pulled into a driveway, Mueller had a brief conversation with defendant and noticed he was nervous and sweating. Mueller drove a short distance away and continued to observe defendant and the driver of the vehicle, Yvonne McEnnerney. Mueller approached defendant and McEnnerney again, and asked them why they were there. McEnnerney gave conflicting answers. During the discussion, residents of the property arrived and stated they did not recognize defendant or McEnnerney. Mueller then searched the area near where the car was parked. He found a black duffel bag that was partially open. Looking inside, Mueller saw a glass pipe commonly used to ingest methamphetamine. Defendant said the bag belonged to him. Mueller placed defendant under arrest and searched him. On defendant’s person, Mueller found $907 in cash, as well as a key to a locked compartment of the duffel bag. Inside the locked compartment, Mueller found a digital scale, a collapsible baton, and four individually wrapped packages containing about 32 grams of methamphetamine. Defendant was charged in connection with the January 4 incident on January 6, 2014. Mueller attended a preliminary hearing on the matter on March 6, 2014. Defendant failed to appear at that hearing, and a bench warrant was issued. Defendant appeared before the court a few days later, on March 14, 2014, and the bench warrant was withdrawn. Mueller later testified he was not aware the arrest warrant had been resolved. He ran defendant’s name through dispatch every few weeks, but the warrant never appeared in the system. Mueller also tried contacting the courts about the warrant, but never received a response. On April 24, 2014, about 2:30 p.m., Mueller observed defendant walking out of a parking lot in Belmont. Defendant looked at Mueller’s marked patrol vehicle, stopped,