P. v. Jones

Filed 5/3/06 P. v. Jones 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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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After his motion to suppress evidence was denied, defendant Felecion Jones pled guilty to being a convicted felon in possession of a firearm. (Pen. Code, § 12021, subd.(a)(1).) The trial court sentenced him to three years in prison, suspended the execution of sentence for five years, and required defendant to serve one year in county jail as a condition of probation.

On appeal, defendant contends the trial court erred in denying the motion to suppress evidence. We disagree and shall affirm the judgment.

FACTS

At approximately 6:00 p.m. on April 29, 2004, a team of police officers prepared to execute a search warrant issued for suspicion of narcotics distribution at an apartment located in a multi-apartment complex. Detective Lai Lai Bui, who was conducting surveillance, saw a woman drive up in a Land Rover and park in front of the apartment complex. The woman, later identified as defendant's wife, got out of the car and walked into the apartment for which the search warrant was issued. Thereafter, Bui saw defendant walk from the direction of the apartment's front door over to the Land Rover. Defendant spoke to some children who were waiting in the vehicle, then walked back toward the apartment. Moments later, he returned to the Land Rover and again walked back toward the apartment. Bui communicated her observations to the officers preparing to execute the warrant.

Initially, two uniformed patrol officers were supposed to cover the back of the complex in case anyone attempted to escape. After receiving the information from Detective Bui, Detective Gary Malmquist, who was in charge of executing the search warrant, modified the planned approach and directed patrol officers to accompany the entry team to the front of the complex to detain the occupants of the Land Rover for officer safety. While the entry team officers walked toward the apartment with their guns drawn, the two uniformed officers parked immediately behind the Land Rover in their patrol car. An officer from the entry team pointed his gun at defendant, who was returning to the Land Rover for the third time, and ordered him down on the ground. Seconds later, the uniformed officers handcuffed defendant as the entry team passed by. When the officers rolled defendant onto his side to begin a pat down for weapons, they saw the handle of a gun sticking out of his pants pocket. They seized the gun, which was loaded.

Defendant's wife testified that she had driven to the apartment complex with defendant, their two sons, and her daughter from a prior relationship. Her aunt lived in the complex, and they stopped by her apartment to get defendant some Motrin. According to defendant's ten-year-old stepdaughter, while she and her two younger brothers waited in the vehicle, defendant got out of the car to tell her mother to hurry up because she was â€