People v. Padilla CA2/7

Filed 8/23/16 P. v. Padilla CA2/7

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B262576

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA134826) v.

URIEL TAPIA PADILLA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Yvonne T. Sanchez, Judge. Affirmed.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_______________________

FACTUAL AND PROCEDURAL BACKGROUND

A. The Charges During a warrantless search of Uriel Tapia Padilla’s residence on October 25, 2013, police found two scales and $14,649 in a bedroom. The police also found approximately two kilograms of cocaine inside a locked shed in the back yard. On October 20, 2014 the People charged Padilla with one count of possession for sale of cocaine in violation of Health and Safety Code section 11351. The People also alleged weight and probation ineligibility enhancements under Health and Safety Code section 11370.4, subdivision (a)(1), and Penal Code section 1203.073, subdivision (b)(1). Padilla pleaded not guilty. On November 19, 2014 the trial court denied Padilla’s motion seeking the production of personnel and administrative records of 12 officers regarding allegations of dishonesty or fabrication of evidence. (See Evid. Code, §§ 1043, 1045; Pitchess v. Superior Court (1974) 11 Cal.3d 531.) Counsel for Padilla has argued that the discovery was necessary because the police reports failed to identity the officers directly involved in the search. On January 8, 2015 Padilla filed a motion under Penal Code section 1538.5 to suppress the evidence seized from his residence and the shed as the product of a warrantless, nonconsensual search.