People v. Chamagua

Filed 3/29/19 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B290057

Plaintiff and Respondent, Los Angeles County Super. Ct. No. KA117362 v.

RALPH R. CHAMAGUA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Jose A. Rodriguez, Commissioner. Affirmed. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, and Steven E. Mercer, Acting Supervisor Deputy Attorney General, for Plaintiff and Respondent.

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The trial court denied Ralph R. Chamagua’s motion to suppress evidence. The issue concerns a consensual encounter. We affirm. I At the suppression hearing, Sheriff’s Deputy Brian Gorski testified he and his partner were patrolling in a marked patrol car about 10:45 p.m. on February 8, 2018. According to Gorski, Chamagua saw the patrol car, immediately changed direction, and quickly walked into an apartment complex driveway. At the same time, Gorski saw Chamagua put something in his pocket. Gorski said his partner pulled their patrol car “just slightly” into the driveway, alongside Chamagua. The officers got out of their car. Gorski asked Chamagua, “Hey, how are you doing? What’s your name? Do you got anything illegal on you?” Chamagua responded, “I have a pipe on me.” Gorski searched Chamagua and found a pipe with traces of crystal methamphetamine. Gorski asked, “Hey, you know, anything else illegal that you have on you?” Gorski said Chamagua “said, ‘Yeah, I have a bunch of meth on me,’ and he apologized.” Gorski searched Chamagua’s pocket and found a ping-pong-sized ball of crystal meth inside a transparent green container, like the type “commonly used as, like, a marijuana container . . . .” Gorski asked for Chamagua’s identification, and Chamagua said it was in his wallet. In searching Chamagua’s wallet, Gorski found “around $162” in denominations of ones, fives, tens, and twenties. Gorski read Chamagua his Miranda rights. Chamagua said he understood and he wanted to speak to the deputies without an attorney present.