People v. Auther CA1/3

Filed 8/26/16 P. v. Auther CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, Plaintiff and Respondent, A143134 v. SEAN AUTHER, (Solano County Super. Ct. No. VCR217389) Defendant and Appellant.

Sean Auther was convicted by a jury of one count of possession of a controlled substance. He contends the court erred in denying his motion to suppress evidence and ordering him to pay $2000 in attorney’s fees. The court properly denied the motion to suppress, but we agree that lack of notice regarding Mr. Auther’s potential responsibility for attorneys’ fees invalidates the fee order. Accordingly, we affirm the judgment but strike the fee order. BACKGROUND The following evidence was introduced at the combined preliminary hearing and motion to suppress. On the night of March 23, 2013, Solano County Sheriff’s Deputy Coy Caulfield was on patrol with his partner when he observed Auther riding a bicycle in front of the patrol car, traveling the same direction. As Deputy Caulfield approached a four-way intersection marked with stop signs in each direction he saw Auther ride through the intersection without stopping. Caulfield stopped Auther and asked him to provide identification. Auther said he did not have any identification on him and refused to give the officer his name. The

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officer smelled marijuana, so he asked Auther “if he had something.” Auther said there was methamphetamine in his pocket. A search produced two baggies containing methamphetamine and a small amount of marijuana. Auther was read his Miranda rights, said he understood them, and told Officer Caulfield he did not stop because he didn’t see any headlights approaching the intersection. He also said the methamphetamine was for his personal use and that he does not sell it. He was subsequently charged with one count of possessing a controlled substance. Auther’s friend Joseph Manibusan testified that on the night Auther was stopped he, Auther and some other friends were playing ping-pong in a garage across the street from Manibusan’s house on Fulton Street. As Auther started to leave on foot around 10:30 p.m., Manibusan called him back and offered him a bicycle he could ride home. When Manibusan gave Auther the bike, the two men were about 10 feet from a stop sign at the intersection of Fulton and Ridge. Auther rode the bicycle in a circle, stopped five to ten feet from the stop sign to thank Manibusan and shake his hand, then rode away through the intersection. Wes Lancaster was part of the group in the garage that night. He also testified that Auther was five to 10 feet from the intersection when Manibusan gave him the bicycle, and that he rode in a circle, stopped to thank Manibusan, and then rode off through the intersection. At the suppression hearing defense counsel argued the stop was unjustified because Auther lawfully stopped his bicycle about five feet away from the stop sign. The magistrate disagreed, and explained: “ I don’t find that this was a stop at the limit line for purposes of analyzing this. [¶] I know that if I were at an intersection and a car was five feet behind and then stopped, then came back up to the line, I would expect that car to stop at the limit line before I chose to go. [¶] So, any event, I’m not aware of any clear line that says it has to be within X feet, but here I don’t find it was a stop at the limit line such that it would be unreasonable for the officer to make the detention. I find the officer had reasonable suspicion to detain the defendant for this violation.”