People v. Goff CA1/2

Filed 7/3/24 P. v. Goff CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A165541 v. ROBERT GLENN GOFF, JR., (Sonoma County Super. Ct. No. 733015-1) Defendant and Appellant

This matter involves an appeal challenging the denial of a motion to suppress filed by defendant Robert Glenn Goff, Jr., pursuant to Penal Code section 1538.5 and the effectiveness of assistance he received from counsel in connection with that motion. Following the denial of his motion to suppress by a magistrate, Goff proceeded to a preliminary hearing where he was held to answer on various charges. Thereafter, Goff pled no contest to possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and possession of metal knuckles (Pen. Code,1 § 21810). On appeal, Goff argues his conviction should be reversed because his Fourth Amendment rights were violated; alternately he claims his trial counsel was ineffective for failing to renew his motion to suppress in the superior court. For the reasons discussed below—the failure to renew the

1 All further undesignated statutory references are to the Penal Code.

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motion to suppress, combined with the failure to obtain a certificate of probable cause—we dismiss the appeal.2 BACKGROUND On November 12, 2019, the Sonoma County District Attorney filed a five-count complaint charging Goff with: felony possession of an unregistered firearm (§ 25850, subd. (c)(6); count 1); felony possession of metal knuckles (§ 21810; count 2); misdemeanor possession of burglar’s tools (§ 466; count 3); misdemeanor possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 4); and misdemeanor possession of a controlled substance, heroin (Health & Saf. Code, § 11350, subd. (a); count 5). The charges stemmed from the evidence seized during a traffic stop, in which Goff was ordered out of his vehicle and subjected to warrantless searches of his person and his vehicle. On August 3, 2020, and August 28, 2020, Goff filed motions to suppress evidence pursuant to section 1538.5. On September 2, 2020, the magistrate heard the suppression motions and denied them. On July 15, 2021, the court held a preliminary hearing. At the conclusion of that hearing, the court dismissed count 3 (misdemeanor possession of burglar’s tools) and count 5 (misdemeanor possession of heroin), and held Goff to answer the remaining counts.