P. v. Kapuzky

Filed 3/23/06 P. v. Kapuzky CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, Ronald P. Kreber, Judge. Affirmed.

Dabney B. Finch, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Janelle Boustany, Deputy Attorneys General, for Plaintiff and Respondent.

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Alexander Mark Kapuzky appeals from the judgment sending him to prison for five years, four months after a jury convicted him of carrying a loaded firearm (Pen. Code, § 12031, subd. (a)(2)(F)), possessing methamphetamine for sale (Health & Saf. Code, § 11378), possessing marijuana for sale (Health & Saf. Code, § 11359) and transporting marijuana (Health & Saf. Code, § 11360, subd. (b)). It was specially alleged that he was armed with a firearm while in possession of illegal drugs. (See Pen. Code, § 12022, subds. (a)(1) & (c).)[1] On appeal, he contends the trial court erroneously denied his suppression motion, and the evidence was insufficient to establish the offense occurred in an incorporated city. The judgment is affirmed.

I

FACTS

One afternoon in late summer 2001, Kapuzky drove his Toyota sports utility vehicle (SUV) on Lake Forest Boulevard in the city of Lake Forest. Orange County Sheriff's Deputy, Thomas Lambi, spotted the vehicle as it speeded in front of the patrol car. While watching it, Lambi saw it switch lanes quickly and without signaling. Moreover, Lambi noticed the front and side windows had â€