P. v. Agnes
Filed 7/6/06 P. v. Agnes CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. NEIL LEROY AGNES, Defendant and Appellant. | C050724
(Super. Ct. No. 04F10160)
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When an officer attempted to serve an arrest warrant on another party, he crossed paths with defendant Neil Leroy Agnes, who fit the description of a burglary suspect. As defendant began to jog away, officers tackled him and found a black zippered pouch beneath his body. An information charged defendant with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a) -- count one); possession of a hypodermic needle and syringe (Bus. & Prof. Code, § 4140 -- count two); and resisting, delaying, and obstructing a peace officer (Pen. Code, § 148, subd. (a)(1) -- count three). After the trial court denied his motion to suppress, defendant pled no contest to count one in exchange for dismissal of counts two and three and a referral to a Proposition 36 program. (Pen. Code, §§ 1210, 1210.1.) Sentenced to 16 months, stayed for five years pending successful completion of a Proposition 36 program, defendant appeals, contending the court erred in denying his motion to suppress. We shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On a winter's evening in 2004, Sacramento County Sheriff's Sergeant Tim Albright and several other officers went to a residence in Elk Grove to serve an arrest warrant on Jennifer Baldock.[1] Albright was also on the lookout for a burglary suspect, David Pinard, wanted in connection with a residential burglary the previous week. Pinard had taken a .38-caliber firearm in the burglary. Albright had information that Pinard might also be found at the residence with Baldock. Albright had spotted Pinard twice the previous week; on both occasions, Pinard fled.
That evening, as the officers stood across the street from the residence, Albright saw defendant standing between the garage door and a car parked in the driveway. A single streetlight illuminated the dark corner.
Albright described Pinard as a 26-year-old male, approximately six feet one inch tall and 200 pounds, who wore a hooded sweatshirt on the date of the burglary. Albright did not have an arrest warrant for Pinard. Defendant appeared to match Pinard's description.
Albright and the other officers began walking briskly toward the residence. As he came within earshot, Albright identified himself to defendant and ordered him to lie on the ground. Albright, dressed in plain clothes, wore a tactical vest with a badge attached and the word â€
