P. v. Gutierrez
Filed 4/14/06 P. v. Gutierrez CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
| THE PEOPLE, Plaintiff and Respondent, v. JOSE OSVALDO GUTIERREZ, JR., Defendant and Appellant. | B187122 (Los Angeles County Super. Ct. No. PA053142) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Sanjay T. Kumar, Judge. Affirmed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Victoria B. Wilson and Jaime L. Fuster, Deputy Attorneys General, for Plaintiff and Respondent.
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Jose Osvaldo Gutierrez appeals the judgment (order granting probation) entered after his conviction following a plea of no contest to possession of a controlled substance. (Health & Saf. Code, § 11350, subd. (a).)
We conclude the trial court properly denied Gutierrez's motion to suppress evidence and decline Gutierrez's invitation to reserve ruling in this matter pending a decision by the United States Supreme Court in Samson v. California (Sept. 27, 2005, 04-9728) ___ U.S. ___ [126 S.Ct. 34].
FACTUAL AND PROCEDURAL BACKGROUND
Before entering a plea of no contest, Gutierrez filed a motion seeking to suppress the evidence against him on the ground it unlawfully had been seized. At the hearing on the motion, Los Angeles Police Officer Humberto Najera testified that on October 5, 2005, at approximately 10 p.m., Najera saw Gutierrez wearing baggy pants and walking on Columbus Avenue, a gang area known for â€
