P. v. Ormonde
Filed 8/25/06 P. v. Ormonde CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. RICHARD ALBERT ORMONDE, Defendant and Appellant. | H028471 (Santa Clara County Super. Ct. No. CC312362) |
Following the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5, defendant Richard Ormonde pleaded no contest to possession of cocaine for sale (count 1), possession of methamphetamine for sale (count 2), possession of methylenedioxy amphetamine for sale (count 3), possession of marijuana for sale (count 4), and possession of an assault weapon (count 5). (Health & Saf. Code, §§ 11351, 11378, 11359; Pen. Code, § 12280, subd. (b).) He also admitted in connection with the first three counts that he was personally armed with a firearm, and in connection with count 4, that he was armed with an assault weapon. (Pen. Code, §§ 12022, subds. (c) & (a)(2).) Finally, he admitted that he was ineligible for probation on counts 1 and 2, and that he had suffered two prior felony convictions.
Defendant's post-plea motion for reconsideration of the ruling on the suppression motion was denied, as was his petition for referral to the California Rehabilitation Center (CRC). Defendant was sentenced to state prison for three years, eight months.
On appeal defendant contends that the trial court erred in denying his motion to suppress, and abused its discretion in rejecting his bid for a CRC referral. We agree that the suppression motion should have been granted, and we reverse the judgment.
STATEMENT OF FACTS[1]
Detective Patrick Clouse of the City of Santa Clara testified that on April 11, 2003, at around 5:55 p.m. he responded to a radio call about a domestic violence incident that had occurred in the area of Homestead Road. He was originally directed to Woodhams and Homestead Roads, where the victim was located, but when he arrived there he was re-directed to 2940 Homestead Road, Apartment 2, where the suspect was supposed to be. Detective Clouse explained that at this point in his career as a police officer, he had responded to hundreds of domestic violence calls, and he considered them â€
