P. v. Gonzalez
Filed 9/16/10 P. v. Gonzalez CA6
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opinion has not been certified for publication or ordered published for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
SIXTH
APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and
Respondent,
v.
HECTOR GONZALEZ, JR.,
Defendant and
Appellant.
H034695
(Santa Clara
County
Super. Ct.
No. CC801180)
After the
trial court denied his motion to suppress
evidence obtained as a result of a parole search of a residence (Pen. Code, § 1538.5),[1] defendant Hector Gonzalez, Jr., entered into
a negotiated plea agreement whereby he pleaded guilty to maintaining a place
for unlawful activities involving controlled substances (Health & Saf.
Code, § 11366), unlawful possession of ammunition (§ 12316, subd. (b)(1)),
and possession of methamphetamine (Health & Saf. Code, § 11377, subd.
(a)). The court sentenced him to two
years in prison with 770 days custody
credits, and ordered him to report to parole within three days of his
release. On appeal, defendant contends
that the court erred in denying his motion to suppress because there was no
objective evidence that he lived at the searched residence, and because the
search was arbitrary and harassing. As
we find that the search was reasonable under the Fourth Amendment, we will affirm the
judgment.
BACKGROUND
Defendant
was charged by information with possession of methamphetamine for sale (Health
& Saf. Code, § 11378; count 1), possession
of marijuana for sale (Health & Saf. Code, § 11359; count 2),
maintaining a place for unlawful activities involving controlled substances
(Health & Saf. Code, § 11366; count 3), unlawful possession of ammunition
(§ 12316, subd. (b); count 4), and resisting or obstructing a peace officer
(§ 148, subd. (a)(1); count 5). The
information further alleged that defendant had served two prior prison terms (§
667.5, subd. (b)).[2]
Defendant
filed a motion to suppress evidence, contending that his detention, the search
of his person, and the search of a residence on March 29, 2008, were all unlawful. The People filed opposition to the motion,
contending that the detention and searches were lawful due to defendant's
status as a parolee-at-large. At the
hearing on the motion, the parties informed the court that â€
| Description | After the trial court denied his motion to suppress evidence obtained as a result of a parole search of a residence (Pen. Code, § 1538.5),[1] defendant Hector Gonzalez, Jr., entered into a negotiated plea agreement whereby he pleaded guilty to maintaining a place for unlawful activities involving controlled substances (Health & Saf. Code, § 11366), unlawful possession of ammunition (§ 12316, subd. (b)(1)), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The court sentenced him to two years in prison with 770 days custody credits, and ordered him to report to parole within three days of his release. On appeal, defendant contends that the court erred in denying his motion to suppress because there was no objective evidence that he lived at the searched residence, and because the search was arbitrary and harassing. As we find that the search was reasonable under the Fourth Amendment, Court affirm the judgment. |
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