P. v. Willams CA5

Filed 4/10/13 P. v. Willams CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F063696

v. (Super. Ct. No. VCF248957A)

RONALD WILLIAMS, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Valeriano Saucedo, Judge. Peter Dodd, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Charles A. French and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

* Before Levy, Acting P.J., Poochigian, J., and Peña, J.

Appellant, Ronald Williams, pled no contest to possession of methamphetamine for sale (count 1/Health & Saf. Code, § 11378), being under the influence of methamphetamine (count 2/Health & Saf. Code, § 11550, subd. (a)), and possession of narcotics paraphernalia (count 3/Health & Saf. Code, § 11364, subd. (a)). Williams also admitted an allegation in count 1 that he had a prior conviction for violating Health and Safety Code section 11370.2, subdivision (c) and two prior prison term enhancements (Pen. Code, § 667.5, subd. (b)). On October 17, 2011, the court sentenced appellant to a four-year term with the final year of the term to be served on mandatory supervision. On appeal, appellant contends the court erred when it denied his motion to suppress. We affirm. FACTS The testimony and other evidence submitted in connection with appellant‟s motion to suppress evidence established that on September 26, 2010, at approximately 8:30 p.m., Kingsburg Police Dispatcher Mayra Caldera received a 911 call from a caller who stated that he heard noise in the room next door and that someone was hitting, stabbing or trying to kill his wife in room 310 of the Kings Inn Motel. The caller gave Caldera the address of the motel, which is located off Highway 99. The call came from a pay phone at the Kings Deli in Kingsburg. Caldera determined that the motel was in the jurisdiction of the Tulare County Sheriff‟s Department and transferred the call within seconds. Caldera told the caller not to hang up, but the caller hung up anyway. Caldera told the sheriff‟s department that there was someone in room 310 at the motel either killing, stabbing, or hitting his wife. Tulare County Sheriff‟s Dispatcher Melinda Mathews received the call from Caldera and dispatched Sheriff‟s Deputy Robert Hadley to the Kings Inn Motel. Deputy Hadley drove to the Kings Inn Motel and pulled up to room 310, which was dark with the