P. v. Maynard
Filed 5/30/06 P. v. Maynard CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 ONE
THE PEOPLE, Plaintiff and Respondent, v. EARL MAYNARD, Defendant and Appellant. | B185143 (Los Angeles County Super. Ct. No. BA267929) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Curtis B. Rappe, Judge. Affirmed.
John L. Staley, 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, Senior Assistant Attorney General, Robert F. Katz, Supervising Deputy Attorney General, and Lauren E. Dana, Deputy Attorney General, for Plaintiff and Respondent.
__________________________________
Earl Maynard was convicted of one count of possessing cocaine base for sale (Health & Saf. Code, § 11351.5), with true findings on allegations that he had served two prior prison terms (Pen. Code, § 667.5, subd. (b)), and suffered one prior drug conviction within the meaning of Health and Safety Code section 11370.2, subdivision (b). He was sentenced to state prison for an aggregate term of eight years. Maynard appeals, claiming his suppression motion should have been granted and asking us to independently review the in camera proceedings held on his Pitchess motions. (Pitchess v. Superior Court (1974) 11 Cal.3d 531.) We affirm.
DISCUSSION
I.
Maynard contends there was no probable cause to detain or search him. We disagree.
A.
According to the police officers who testified at the suppression hearing, Maynard was standing on Fifth Street near Jack's Market, in a known drug area of skid row. As Los Angeles Police Officer Richard Kellogg watched, Maynard took a cigarette package from his shirt pocket, removed a clear plastic bindle containing â€
