P. v. Rodriguez CA4/1

Filed 6/27/13 P. v. Rodriguez CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D062852

Plaintiff and Respondent,

v. (Super. Ct. No. SCN302556)

AUGUSTINE RODRIGUEZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Robert J.

Kearney and K. Michael Kirkman, Judges. Affirmed.

Cynthia A. Grimm, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Augustine Rodriguez entered into a plea agreement under which he pleaded no

contest to knowingly possessing in excess of $25,000, which was derived from a

violation of the Uniform Controlled Substances Act, with the intent to conceal or disguise

the nature or source of the funds (Health & Saf. Code, § 11370.9, subd. (a); count 1) and

transporting such funds for the same purpose (Health & Saf. Code, § 11370.9, subd. (c);

count 2). In return for his plea Rodriguez received three years formal probation and

credit for time served.

Prior to his no contest plea, Rodriguez brought a motion to exclude evidence under