P. v. McGlothin CA2/2

Filed 5/2/13 P. v. McGlothin CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B242058

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA386573) v.

TIFFANY MCGLOTHIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Frederick N. Wapner, Judge. Affirmed with directions.

Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Tiffany McGlothin appeals from her conviction of first degree burglary entered upon a plea of nolo contendere. Defendant contends that the arresting officers lacked reasonable suspicion of criminal activity to justify detaining her, and that the trial court erred in denying her motion to suppress evidence seized as a result of the detention. We find no merit to defendant’s contentions and affirm the judgment. However, we direct the trial court to issue a corrected abstract of judgment reflecting the restitution fine and the victim restitution order. BACKGROUND Procedural history Defendant was charged with one count of first degree burglary in violation of Penal Code section 459.1 The amended information specially alleged pursuant to the “Three Strikes” law and the Justice Realignment Act of 2011,2 that defendant had suffered a prior serious or violent felony conviction or juvenile adjudication in 2009. After the trial court denied defendant’s motion to suppress evidence (pursuant to section 1538.5), she withdrew her plea of not guilty and pled no contest to the charge and admitted the prior conviction allegation. On June 11, 2012, the trial court struck the prior conviction allegation on its own motion and sentenced defendant to the low term of two years in prison, with a total of 112 days of custody credits. The court also ordered defendant to pay $400 in victim restitution in addition to mandatory fines and fees, including a $200 restitution fine. Defendant filed a timely notice of appeal. Prosecution evidence At the hearing on defendant’s evidence suppression motion, Los Angeles Police Officer Sunny Sasajima testified that several residential burglaries had been committed in the Leimert Park neighborhood shortly before defendant’s arrest in July 2011. As the senior officer for the area, Officer Sasajima had read the reports and knew that witnesses