P. v. Allen
Filed 4/25/06 P. v. Allen CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. RONNIE LEE ALLEN, Defendant and Appellant. |
F048041
(Super. Ct. No. TF004347A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Stephen P. Gildner and Lee P. Felice, Judges.*
Richard J. Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Louis M. Vasquez and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Ronald Lee Allen appeals from judgment after he pleaded no contest to one count of methamphetamine possession and admitted a strike prior conviction, wherein he received a prison commitment of 32 months. Earlier in the proceedings, defendant's motion to suppress evidence was denied. The motion concerned defendant's encounter with a police officer, which resulted in a search of defendant's person producing .10 grams of methamphetamine, 14 tablets of Clonazepam and 7 grams of marijuana. His appeal challenges that denial. We affirm.
Evidence at the Suppression Hearing
Sergeant Gregory Madsen of the Taft Police Department testified he was driving on Asher Avenue on a warm day when he noticed defendant, known to him from previous encounters, walking along the road. Madsen drove well ahead of where defendant was walking and parked his patrol vehicle diagonally off the side of the road. He got out of the vehicle and walked to its rear, where he observed defendant about 30 yards away walking directly towards Madsen. As defendant got closer, he appeared nervous and sweaty; although there was plenty of room to go around Madsen, defendant directly approached him. Madsen had greeted defendant by his first name, to which defendant remarked, â€
