P. v. Richardson

Filed 5/24/06 P. v. Richardson CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent, A111492

v. (Alameda County

Super. Ct. No. 146153)

HURLEY RICHARDSON,

Defendant and Appellant.

_______________________________________/

Hurley Richardson appeals contending the trial court erred when it revoked his probation. We conclude the court did not abuse its discretion and will affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

In October 2003, appellant pleaded guilty to possessing cocaine base for sale. (Health & Saf. Code, § 11351.5.) The trial court suspended the imposition of sentence and placed appellant on probation on the condition, inter alia, that he obey all laws and that his person and vehicle be subject to search at any time for any reason.

On March 24, 2005, Berkeley Police Officers Chu and Morillas were on patrol in a residential area in a marked â€