People v. Truong CA4/3

Filed 11/9/22 P. v. Truong CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G060773

v. (Super. Ct. No. 19NF2484)

JONATHAN TRUONG, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg and Terri K. Flynn-Peister, Judges. Affirmed. Laura Vavakin, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Melissa Mandel, Teresa Torreblanca, and Britton B. Lacy, Deputy Attorneys General, for Plaintiff and Respondent.

Jonathan Truong appeals from a judgment after the jury convicted him of two counts of possessing drugs for sale. Truong argues the trial court erred by denying his motion to suppress evidence. We disagree and affirm the judgment. FACTS Late one night, Officer Billy Phu was on patrol when he saw Truong standing on a skateboard looking into a backpack. With his body-worn camera activated, Phu approached Truong and spoke with him. Phu asked Truong if he had any controlled substances. Truong answered, “I have some meth dude.” Phu handcuffed Truong and asked if he had anything else. Truong said he had heroin. Phu searched him and found bags containing 2.0 grams of methamphetamine and a bag containing 0.536 grams of heroin. Truong consented to a search of his cell phone. Phu found messages he believed indicated a plan to sell controlled substances. Phu asked about the text messages. Truong admitted he was selling the methamphetamine and heroin to an individual in another state. An information charged Truong with possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 1) and possession of heroin for sale (Health & Saf. Code, § 11351; count 2). The information alleged he suffered three prior strike convictions (Pen. Code, §§ 667, subds. (d) & (e)(2)(A); 1170.12, subds. (b) & (c)(2)(A)) and served a prior prison term (Pen. Code, § 667.5, subd. (b)). Truong filed a motion to suppress evidence. The prosecution filed opposition, and Truong filed a reply. The trial court denied the motion. A jury convicted Truong of both counts. At a bifurcated bench trial, the trial court found the three strike priors true. At sentencing, the court struck the priors, sentenced Truong to jail with credit for time served, and placed him on two years of formal probation.