P. v. Rubio

Filed 3/2/06 P. v. Rubio CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Kern County. Clarence Westra, Jr., Judge.

Grace Lidia Suarez, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and Lewis A. Martinez, Deputy Attorneys General, for Plaintiff and Respondent.

-ooOoo-

Joe Rubio appeals the denial of his motion to suppress evidence following plea to a misdemeanor violation of Penal Code section 12020, subdivision (a), possession of a

chisel and a misdemeanor count of possessing paraphernalia under Health and Safety Code section 11364. (Evid. Code, § 1538.5, subd. (m).) Gang allegations were dropped as a part of the plea. We affirm.

FACTS

At appellant's preliminary hearing, Kern County Probation Officer Lloyd Knowles testified as a gang expert, and specifically as an expert on the Okie Bakers. Officer Knowles relied on nine different California Youth Authority records, field interview cards and police reports dating from May 1993 through October 2004 regarding police stops of appellant to opine that appellant was a member of the Okie Bakers. The opinion was used to support the charge that appellant's current offense – possession of a chisel – was for the benefit of a street gang.

Appellant filed a motion to suppress. He sought to suppress the evidence obtained during the various stops that led to the records the police had on appellant; that is, the field interview cards, CYA records and police reports. The motion was on the ground that â€