P. v. Evans

P. v. Evans

Filed 1/16/07  P. v. Evans CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

          APPEAL from judgments of the Superior Court of Los Angeles County, Frederick N. Wapner, Judge, and George G. Lomeli, Judge.  Affirmed.

          Elizabeth A. Missakian, under appointment by the Court of Appeal, for Defendant and Appellant.

          Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Kathy S. Pomerantz, Deputy Attorneys General, for Plaintiff and Respondent.

          Deshawn Evans appeals from judgment entered following her guilty plea to possession of cocaine base for sale (Health & Saf. Code, § 11351.5).  Imposition of sentence was suspended and she was placed on formal probation.  She contends the trial court's denial of her motion to traverse/quash the warrant and to suppress evidence pursuant to Penal Code section 1538.5 was erroneous.  For reasons explained in the opinion, we affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY[1]

          On July 8, 2005 at approximately 7:30 p.m., Los Angeles Police Officer Matthew Killman went to the residence at 2520 West Florence Avenue, apartment 5, in Los Angeles to serve a search warrant.[2]  While approaching the door, he heard what appeared to be running inside the residence and fearing that items were being destroyed or occupants were attempting to arm themselves, the door was forced open with a hook and ram.  Prior to the forced entry, Los Angeles Police Officer Spits said something to the effect of â€