People v. Deshazer CA2/8

Filed 9/23/16 P. v. Deshazer CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B270759

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA067560) v.

LLOYD DESHAZER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Affirmed.

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

No appearance for Plaintiff and Respondent.

_______________________

Defendant Lloyd Deshazer appeals from the judgment entered following his no contest plea to possession of marijuana for sale. Based on our independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, 442, we affirm the judgment. FACTUAL AND PROCEURAL BACKGROUND Viewed in accordance with the usual rules of appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357), the evidence established that at about 3:20 p.m. on December 8, 2015, Deputy Sheriffs Goffigan and Boosalis observed defendant riding a bicycle northbound on the sidewalk of the 44000 block of 10th Street West in Lancaster. There are several restaurants located on that block. Goffigan noticed that the bicycle did not appear to have hand breaks or reflectors, which Goffigan believed were violations of Vehicle Code section 21201, subdivisions (a) and (d), respectively. Goffigan initiated a traffic stop because of these suspected Vehicle Code violations. While talking to defendant, Goffigan smelled the odor of marijuana both on defendant’s breath and emanating from defendant’s person. Seeking the source of the marijuana smell, the officers conducted a pat down search. Feeling a bulge in defendant’s left front pocket, Goffigan reached inside that pocket and found a two baggies of a substance he believed was marijuana; a large white trash bag that smelled of marijuana and had a “ ’leafy crush feel’ ” when squeezed was found in defendant’s backpack. Defendant was charged with transporting marijuana (Health & Saf. Code, § 11360, subd. (a); Count 1) and possession of marijuana for sale (Health & Saf. Code, § 11359; Count 2); one prior conviction was alleged pursuant to the Three Strikes Law and enhancements for four prior convictions were alleged pursuant to Penal Code section 667.5, subdivision (b). Defendant filed a Penal Code section 1538.5 motion to suppress the bags of marijuana and a cellular phone discovered during the warrantless search on the grounds that the traffic stop was not supported by reasonable suspicion of illegal activity. Goffigan, the only witness at the hearing on the motion, testified that he initiated the traffic stop because he believed the absence of hand brakes and reflectors were violations of Vehicle Code section 21201, subdivisions (a) and (d). Defendant appeared to stop the