People v. Cuevas CA2/8

Filed 7/1/16 P. v. Cuevas CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B264710

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA076784) v.

MANUEL CUEVAS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas Rubinson, Judge. Affirmed.

Eric D. Shevin, Stephen J. Fisch and Ryan M. D’Ambrosio for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

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SUMMARY Defendant and appellant Manuel Cuevas pled no contest to possession for sale of a controlled substance (Health & Saf. Code, § 11351), and was sentenced to three years formal probation. On appeal, defendant contends the trial court erred in denying his motion to suppress evidence pursuant to Penal Code section 1538.5, and in finding the good faith exception applicable. We affirm. FACTS Los Angeles Police Department officers executed a search warrant at 7506/7508 Jamieson Avenue in Reseda. The search warrant permitted a search of Fernando Sanchez, the location, and any vehicles parked at or near the location, and the seizure of cocaine, paraphernalia, currency, and the like, as well as computers, cell phones, pagers, and weapons. The warrant described the location to be searched as a one-story, white house with white trim and a gray roof. The location was further described as follows: “The numbers 7506/7508 are painted in black on a white back ground on the curb. The property listed through Department resources shows it as 7506, although 7508 is painted on the curb in front of the location. This may have been erroneously painted or purposely painted on the curb to avoid detection from the police.” The warrant did not mention a garage or any sort of outbuilding was located on the subject property. Detective Luke Walden, the affiant who prepared the search warrant and affidavit, testified at the hearing on the motion to suppress. When he and the other officers arrived at the location, they discovered a house with a detached garage. Officers approached the garage and saw defendant seated inside with his back to a security door, smoking marijuana. One officer opened the security door and took defendant into custody while others continued to search the garage. Defendant was later identified as the brother of Fernando Sanchez, the suspect named in the search warrant. The garage contained a bed, couch, dresser, two safes and a television area. There was no bathroom or kitchen. A search dog alerted officers to specific areas in the garage, prompting the officers to ask defendant if he had drugs or weapons. Defendant answered he possessed marijuana and cocaine and unlocked two safes containing marijuana,