P. v. Jorrin CA3

Filed 3/22/13 P. v. Jorrin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C071926

Plaintiff and Respondent, (Super. Ct. No. 12F01200)

v.

EDUARDO MANUEL JORRIN,

Defendant and Appellant.

Appointed counsel for defendant Eduardo Manuel Jorrin asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we shall affirm the judgment.

We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.)

On February 14, 2012, Los Rios College Police Officer Charles Burnett was driving his vehicle on patrol at Sacramento City College. When he entered the parking lot designated for paratransit drop-off and handicapped parking, Burnett saw defendant

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making an unsafe turn in his vehicle. Burnett activated the overhead lights on his patrol car and drove his vehicle until it was front bumper to front bumper with defendant’s vehicle.

While stopped, bumper to bumper, with defendant’s car, Burnett saw defendant moving around a lot with his hands below the dashboard and looking into his lap. Defendant then drove his car in reverse with Burnett pursuing him until defendant’s car was blocked into a corner of the parking lot. Burnett then got out of his patrol vehicle and approached the passenger side of defendant’s car.

As he approached defendant’s car, Burnett smelled marijuana, saw a glass jar containing marijuana on the floorboard of the car, and asked to see defendant’s driver’s license. Defendant told Burnett he did not have permission to search his car, and handed Burnett his driver’s license. Burnett then asked defendant to step out of the car.