P. v. Ruelas




Filed 4/25/11 P. v. Ruelas CA2/4





NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, v. JESUS RUELAS, Defendant and Appellant.

B222832 (Los Angeles County Super. Ct. No. MA040353)

APPEAL from a judgment of the Superior Court of Los Angeles County, Bernie C. LaForteza, Judge. Affirmed.
Siri Shetty, under appointment of the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Michael C. Keller, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION
Jesus Ruelas appeals from a judgment of eight years and eight months in state prison for manufacturing methamphetamine and possessing methamphetamine for sale. On appeal, Ruelas contends his convictions should be reversed because (1) the trial court erred in denying his motion to suppress evidence, (2) the court erred in denying his motion for a new trial on the basis of alleged prosecutorial misconduct, and (3) the court erred in not awarding him additional presentence custody credits under Penal Code section 4019.^[1] Finding no prejudicial error, we affirm.
STATEMENT OF THE CASE
Appellant was charged in a three-count information with manufacturing methamphetamine, possessing methamphetamine for sale, and possession of methamphetamine. (See Health & Saf. Code, §§ 11377, subd. (a), 11378 & 11379.6, subd. (a).) It was also alleged that appellant had served a prison term as described under section 667.5, subdivision (b).
Appellant pled not guilty and initially denied the prison term allegation. Prior to trial, appellant moved to suppress evidence, but the trial court denied the motion. A jury found appellant guilty as charged on the three counts, and appellant then admitted the prior prison term.
Appellant filed a motion for a new trial based on alleged prosecutorial misconduct. Specifically, appellant contended that the prosecutor improperly vouched for the credibility of one of the witnesses. The trial court denied the motion, and sentenced appellant to eight years and eight months in state prison. Appellant was awarded 776 days of custody credits. He timely filed an appeal from the judgment of conviction.
STATEMENT OF THE FACTS
On November 7, 2007, Los Angeles County Deputy Sheriff Erni Masson and his partner, Angela Gonzalez, saw Jessica Higginson driving a car while not wearing a seat belt. The deputies activated their patrol car's lights, and Higginson turned into a trailer park. The deputies followed Higginson as she drove to the front of space 35, and parked the car directly behind another vehicle.
When Deputy Masson asked Higginson for her driver's license, she said it was in her purse which was inside the other vehicle. Higginson said the car she was driving belonged to her boyfriend, â€