P. v. Ruiz CA6

Filed 6/26/13 P. v. Ruiz CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039343 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. F23835)

v.

ADRIAN CASTANEDA RUIZ,

Defendant and Appellant.

Defendant Adrian Castaneda Ruiz was contacted by law enforcement at a gas station, and he stated that his name was “ ‘Francisco Ruiz.’ ” 1 Defendant had been driving a truck that was subsequently determined by law enforcement to be stolen. A search of the truck by law enforcement also revealed the following items: a glass “meth pipe”; a bindle containing 0.2 grams of a substance that tested presumptive positive for methamphetamine; cards that were in the names of people other than defendant, including a Chase debit card, a “Blue Cross Anthem” card, a “New Mexico Triple A” card, and a Costco card; and power tools similar to those that had been stolen from one of the cardholders.

1 As defendant was convicted by plea, the facts are taken from the preliminary examination.

Defendant was charged by information with unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a); count 1), receiving stolen property (Pen. Code, § 496, subd. (a); count 2), possession of a controlled substance (Health & Saf. Code, § 11377, subd. (a); count 3), misdemeanor possession of personal identifying information with intent to defraud (Pen. Code, § 530.5, subd. (c)(1); count 4), misdemeanor false identification to a police officer (Pen. Code, § 148.9, subd. (a); count 5), and misdemeanor possession of a device used for smoking a controlled substance (Health & Saf. Code, § 11364.1, subd. (a); count 6). Defendant filed a motion to suppress evidence of “all tangible or intangible things obtained as a result of the unlawful detention, search and seizure of defendant.” (See Pen. Code, § 1538.5.) The prosecutor filed opposition to the motion, contending that law enforcement saw defendant “driving a truck with broken brake lights and was thus justified in detaining him and requesting his identification,” and that after defendant lied about his identity “further reasonable suspicion was developed to justify detaining” him. The prosecutor further argued that law enforcement was “justified in contacting and detaining [defendant] for search purposes,” and that the search of the truck revealed the “contraband for which he is being charged in this case.” The evidence at the February 14, 2013 hearing on defendant’s motion to suppress included the following testimony by Santa Cruz County Sheriff’s Deputy Jeffrey Simpson. About 4:40 p.m. on December 1, 2012, Deputy Simpson was helping Sergeant Fish at a gas station when the deputy observed a truck drive by with a right rear brake light that was not working and had tape on it. The truck pulled into the gas station, and the deputy stopped his vehicle behind the truck. The deputy walked toward defendant, who had been driving the truck but was now outside the vehicle. Deputy Simpson recognized defendant from a picture he had seen while conducting gang investigations and he knew defendant’s name was Adrian Ruiz. The deputy also thought defendant was on probation. Deputy Simpson told defendant his taillight was out and at some point