People v. McWoodson CA2/2

Filed 9/4/20 P. v. McWoodson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B298925

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA099087) v.

JOSEPH BYERS McWOODSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, William L. Sadler, Judge. Affirmed. Rachel Lederman, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael R. Johnsen and Blythe J. Leszkay, Deputy Attorneys General, for Plaintiff and Respondent. ____________________________

Appellant Joseph McWoodson pleaded no contest to vehicle burglary after the trial court denied his motion to suppress evidence. (Pen. Code, §§ 459, 1538.5.)1 We conclude that no Fourth Amendment violation occurred because (1) the evidence appellant seeks to suppress came from a motel room where he was a casual visitor; (2) when the room rental lapsed, the motel took possession of duffel bags abandoned in it and gave them to deputies; and (3) appellant disclaims ownership of the duffel bags, which contained stolen property. The totality of the circumstances show appellant had no proprietary or possessory interest in the place searched or the things seized. Appellant forfeited his challenge to fines and fees by failing to tell the court he is unable to pay them. We affirm. FACTS AND PROCEDURAL HISTORY2 At midnight on September 27, 2018, the sheriff conducted a vehicle burglary suppression operation in West Hollywood. Detective Gaudino, in plain clothes, was alerted that a Black male and female Hispanic in a black Hyundai with Oregon license plates were looking into cars at Robertson Boulevard and Melrose Avenue. When Gaudino and his partner arrived, they saw appellant and a woman later identified as Desiree Hernandez on Melrose Avenue in a car matching the dispatcher’s description. Gaudino saw appellant and Hernandez approach parked cars. He lost sight of them but his partner across the street,