P. v. Becerra
Filed 11/4/10 P. v. Becerra 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
2
THE PEOPLE,
Plaintiff and Respondent,
v.
DAVID
RAMIREZ BECERRA,
Defendant and Appellant.
A125454
(San Mateo
County
Super. Ct.
No. SC068769A)
David
Ramirez Becerra appeals from the San Mateo
County Superior Court's denial of his motion
to suppress evidence under Penal Code[1]
section 1538.5.[2] Following the denial, Becerra entered a
negotiated plea of nolo contendere to
one count of felony vehicle burglary, for which he was sentenced to jail time
and probation. Becerra contends that his
conviction rests on evidence obtained from an unreasonable detention. He asks this court to reverse the denial of
his motion to suppress and vacate the judgment below. Alternatively, Becerra challenges various
terms of his probation and alleges several errors in the minutes of his sentencing hearing. He requests that we strike the challenged
probation conditions and correct errors in the minutes. After ordering certain corrections to the
record below, we shall affirm judgment.
An information
filed on June 2, 2009, charged Becerra with three felony counts: one count of second degree vehicle burglary
under section 460, subdivision (b) (Count 1); one count of theft and
unlawfully taking a vehicle under Vehicle Code section 10851, subdivision
(a) (Count 2); one count of felony probation violation under section 666 (Count
3). The information alleged that, at the
time of his arrest, Becerra was on probation for a previous section 460,
subdivision (b) violation.
On
June 11, 2009, Becerra
pleaded not guilty to all counts and filed his motion to suppress all
statements he made to the police, all evidence obtained as a result of his
arrest, and all observations made by officers subsequent to his detention. The trial court denied the motion on July 8, 2009. Becerra immediately entered a negotiated plea
of nolo contendere to Count 1. The remaining counts were dismissed. Trial court entered judgment on the
conviction and imposed a sentence of three years probation in addition to a
six-month jail term with 75 days credit for time served.
Becerra
filed timely notice of appeal on July 8, 2009.
San
Bruno Police Officer Sherry Noakes first observed Becerra at approximately 4:35 a.m. on April 5, 2009. At
the time, Noakes was in uniform and driving his marked patrol car south down Shelter
Creek Lane alongside the Shelter Creek apartment
complex in a residential San Bruno
neighborhood. As he approached Whitman
Way, where the two streets form a T-intersection,
he saw Becerra standing on the corner, speaking into his cell phone and looking
back and forth down Shelter Creek Lane. Becerra's location enabled him see down both
streets as well as into the entrance of Garage 3 of the Shelter Creek apartment
complex. He was â€
| Description | David Ramirez Becerra appeals from the San Mateo County Superior Court's denial of his motion to suppress evidence under Penal Code[1] section 1538.5.[2] Following the denial, Becerra entered a negotiated plea of nolo contendere to one count of felony vehicle burglary, for which he was sentenced to jail time and probation. Becerra contends that his conviction rests on evidence obtained from an unreasonable detention. He asks this court to reverse the denial of his motion to suppress and vacate the judgment below. Alternatively, Becerra challenges various terms of his probation and alleges several errors in the minutes of his sentencing hearing. He requests that we strike the challenged probation conditions and correct errors in the minutes. After ordering certain corrections to the record below, Court shall affirm judgment. |
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