P. v. Long

Filed 7/25/06 P. v. Long CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from a judgment of the Superior Court of Los Angeles County. Janice C. Croft, Judge. Affirmed.

Law Offices of Milton C. Grimes and Milton C. Grimes for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Victoria B. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant John Long pled no contest to possession of cocaine for sale (Health & Saf. Code, § 11351), following his unsuccessful motion to suppress evidence pursuant to Penal Code sections 995 and 1538.5. Defendant's motion to withdraw his no contest plea, made on the ground he had received constitutionally inadequate assistance of counsel, was denied by the trial court. Defendant was sentenced to three years in state prison pursuant to an agreed upon case disposition.

In this timely appeal from the judgment, defendant contends the trial court erred in denying his motion to suppress evidence discovered during a search following a traffic stop. Defendant additionally contends that the trial court abused its discretion in refusing to allow defendant to withdraw his plea of no contest. We reject each of these contentions and affirm.

Statement of Facts

The following information concerning the charged offenses and the search of defendant's vehicle comes from the transcript of the preliminary hearing. Deputy Olden Bradford, a sworn peace officer since 1997, was on patrol with his partner, Deputy Cozellchik, at 2:35 a.m. on October 26, 2004. Deputy Bradford, who was riding in the passenger seat, saw defendant driving a Cadillac sports utility vehicle at a rate obviously in excess of the speed limit. Deputy Cozellchik drove after defendant, who pulled over when the red lights on the patrol car were activated.

Deputies Cozellchik and Bradford approached the vehicle and asked for identification. Defendant provided his driver's license and a piece of paper stating that he would not be extradited for a probation violation in Georgia. Deputy Cozellchik asked if defendant were on parole or probation, to which defendant replied that he â€