P. v. Estrada















Filed 5/3/10 P. v. Estrada CA4/3















NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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



FOURTH APPELLATE
DISTRICT



DIVISION THREE




>

THE PEOPLE, Plaintiff and Respondent, v. LUKE NAPOLEON ESTRADA et al., Defendants and Appellants.

G041669 consol. w/ G042052 (Super. Ct. No. 08HF1969) O P I N I O N

Appeal from judgments of
the Superior Court
of Orange
County, Richard W. Stanford, Jr., Judge. Affirmed.

Leonard J. Klaif, under
appointment by the Court of Appeal, for Defendant and Appellant Luke Napoleon
Estrada.

John L. Dodd, under
appointment by the Court of Appeal, for Defendant and Appellant Deandre Deshawn
Bailey.

Edmund G. Brown, Jr.,
Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W.
Schons, Assistant Attorney General, James D. Dutton, Sabrina Y. Lane-Erwin,
Barry Carlton, Teresa Torreblanca, and Lynne McGinnis, Deputy Attorneys
General, for Plaintiff and Respondent.

Luke
Napoleon Estrada and Deandre Deshawn Bailey[1]
appeal from judgments after a jury convicted them of two counts of possession of controlled substances for sale.
They contend the trial court erred by
denying their motions to suppress evidence.
(Pen. Code, § 1538.5.) Bailey also argues the trial court improperly
admitted expert opinion testimony by a police officer that the drugs were
possessed for sale. We reject their
contentions and affirm the judgments.

FACTS

One
Friday evening in 2008 around 11:00 p.m., several patrons at the District
Lounge in Newport Beach complained to Anton Norac, the bar's security guard,
about three men attempting to sell drugs inside the bar. Norac watched the three men approach one
customer after another, for approximately 10 to 15 seconds at a time, although
the customers shrugged them off or laughed.
When Norac approached the men, they walked out of the bar. Estrada came back and asked for a hand stamp
to re-enter, but Norac refused telling him â€