People v. Hall CA2/8

Filed 1/29/16 P. v. Hall CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B260834

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA129113) v.

ARNOLD BRYANT HALL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Larry S. Knupp, Judge. Affirmed.

Karyn H. Bucur, 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, James William Bilderback II, and Dana M. Ali, Deputy Attorneys General, for Plaintiff and Respondent.

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Following the denial of his motion to suppress, Arnold Bryant Hall pled no contest to possession of a controlled substance for sale, possession of a controlled substance with a firearm, and possession of a firearm by a felon. On appeal, he challenges the trial court’s denial of his motion to suppress, arguing the evidence seized was the fruit of an illegal search of his residence. We affirm the judgment. FACTS On January 10, 2013, at approximately 5:30 a.m., Los Angeles County Sheriff’s Deputy Mark Madrid executed a search warrant. The warrant authorized officers to search the person of Arnold Hall and the residence located at 823 West 82nd Street, No. 3/5. Deputy Madrid and approximately six other officers knocked on the door and announced they were from the Sheriff’s Department to serve a search warrant. When there was no reply, the officers forced entry. In the kitchen, the officers found a rolling set of drawers. In the top drawer, there was a glass jar containing marijuana, clear plastic baggies, and approximately $80. In the second drawer, they found a plastic container with a substance resembling rock cocaine along with empty plastic Ziploc bags. On a shelf in the kitchen, Deputy Madrid’s partners found a coffee can containing 15 baggies of marijuana, a baggie of six pills resembling ecstasy, three baggies containing a substance resembling methamphetamine, and a baggie of a substance resembling powder cocaine. During the course of the search, Deputy Madrid found mail addressed to Hall at 823 West 82nd Street, No. 3/5 and at 820 W. 83rd Street, No. 12. After they finished the search of 823 West 82nd Street, the officers proceeded to 820 W. 83rd Street, No. 12. They conducted a knock and notice, announcing they were looking for Arnold Hall and identifying themselves as Los Angeles Sheriff’s deputies. Deputy Madrid heard a male voice inside the apartment and informed the person inside that he needed to open the door because they had just executed a search warrant at another location and needed to speak to him. Someone looked out of the window and Detective Missakian recognized Hall from photos Deputy Madrid had shown him earlier. Deputy Madrid informed Hall they knew he was inside and they needed to speak with him. He ignored the deputies’ demand.