People v. Hawkins CA2/5

Filed 12/15/21 P. v. Hawkins CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B312926

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA151634) v.

STEVEN DWAYNE HAWKINS,

Defendant and Appellant.

APPEAL from an order and judgment of the Superior Court of Los Angeles County, Kelvin D. Filer, Judge. Affirmed. Ryan Patrick King, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________________

Defendant and appellant Steven Dwayne Hawkins appeals the trial court’s order denying his motion to suppress evidence under Penal Code

section 1538.5, made in conjunction with a probation revocation hearing, and the court’s judgment finding him in violation of probation. In court proceedings before Judge Lynn D. Olson on September 11, 2020, Hawkins pleaded no contest to one count of possession of cocaine base for sale. (Health & Saf. Code, § 11351.51 [count 1].) By plea agreement, the court dismissed one count of unauthorized possession of a controlled substance (§ 11377 [count 2]), and sentenced Hawkins to three years of formal probation with a suspended sentence of the high term of four years in county jail. Under the terms of his probation, Hawkins agreed to submit his person and property to warrantless search and seizure by any probation officer or other peace officer without probable cause or reasonable suspicion, and agreed to obey all laws and orders of the court. On March 6, 2021, Long Beach Police Department Officer Daniel Orloff responded to assist other officers at the Flamingo Inn in Long Beach. Officer Orloff requested that the hotel provide a list of all residents and guests. The hotel staff complied, and officers then ran the list through the “JDOC” system to identify guests and residents who were on probation, parole, or had outstanding warrants. Hawkins was identified as a person on probation. He was the only person registered with the hotel for room 206, so the officers went to his room to conduct a probationary search. A woman answered the door and the officers explained why they were there. When they entered, Hawkins was lying on the bed. The officers searched the hotel room and discovered crack cocaine, a razor, money, sandwich bags, a cell phone, and a scale. The woman claimed that the crack cocaine was hers. On April 6, 2021, the Long Beach Police Department alleged that Hawkins violated probation by failing to obey all laws. Counsel was appointed and filed a motion to suppress evidence pursuant to Penal Code section 1538.5. On the morning of June 1, 2021, Judge Olson transferred the probation violation hearing and the motion to suppress to Judge Kelvin D. Filer. At the hearing before Judge Filer that afternoon, counsel argued that the officers