P. v. Shabtay
Filed 3/9/06 P. v. Shabtay CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE, Plaintiff and Respondent, v. YEREV SHABTAY, Defendant and Appellant. | B179411 (Los Angeles County Super. Ct. No. LA043691) |
APPEAL from an order of the Superior Court of Los Angeles County, Leslie A. Dunn, Martin Herscovitz, Judges. Affirmed.
Cheryl Barnes Johnson, 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, Assistant Attorney General, Susan D. Martynec, and Marc E. Turchin, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant, Yerev Shabtay, appeals following his nolo contendere plea to: three counts of making or passing a fictitious check (Pen. Code,[1] § 476); grand theft of four or more access cards within 12 months (§ 484e, subd. (b)); possession of a forged item (§ 475, subd. (a); and controlled substance possession. (Health & Saf. Code, § 11377, subd. (a).) Defendant admitted that at the time of the commission of the offenses he was released from custody on bail or his own recognizance. (§ 12022.1.) Defendant argues the trial court improperly denied his section 1538.5 suppression of evidence motion.
We apply the following standard of review: â€