P. v. Molina CA2/2

Filed 5/29/13 P. v. Molina CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B241907

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA053836) v.

GUSTAVO ANTOLIN MOLINA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Kathleen Blanchard, Judge. Affirmed.

Seymour I. Amster, 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, Paul M. Roadarmel, Jr. and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant and appellant Gustavo Antolin Molina (defendant) appeals from his conviction of transporting marijuana, challenging the denial of his motion to suppress evidence. We conclude the trial court did not err in denying the motion and we affirm the judgment. BACKGROUND Procedural history Defendant was charged in count 1 with the sale or transportation of marijuana in violation of Health and Safety Code section 11360, subdivision (a), and in count 2 with possession of marijuana for sale in violation of Health and Safety Code section 11359. After the trial court denied his motion to suppress evidence filed pursuant to Penal Code section 1538.5, defendant entered into a plea agreement under the terms of which he pled no contest to count 1 and count 2 was dismissed. On May 29, 2012, the trial court suspended imposition of sentence, placed defendant on formal probation for three years, with conditions that included 365 days in custody with credit totaling 365 days, and payment of mandatory fines and fees. Defendant filed a timely notice of appeal. The suppression hearing Los Angeles County Sheriff’s Deputy Michael Rose testified that on the evening of June 3, 2011, while he was in a marked patrol car with his partner, Deputy Edwards, he saw defendant make a turn without signaling and then drive on the wrong side of the road in violation of the Vehicle Code. The deputies stopped defendant’s car and both deputies approached. Defendant told them he did not have his driver’s license with him when asked. Deputy Rose smelled an odor of marijuana coming from inside the car so looked inside and saw a glass jar on the floor behind the driver’s seat. The jar contained green flakes, seeds, and buds, which appeared to Deputy Rose to be marijuana residue. Deputy Edwards then asked defendant whether he had anything illegal on him. Defendant replied he had marijuana in his pocket, so Deputy Edwards asked him to step out of the car. After defendant complied, Deputy Edwards removed a bag of marijuana from defendant’s pocket and detained him. Deputy Rose escorted defendant to the patrol car. Defendant looked very nervous and began sweating profusely despite the cold