P. v. Stewart

Filed 4/7/06 P. v. Stewart CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Michael G. Bush, Judge.

Jennifer A. Mannix, 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, Louis M. Vasquez and Leslie W. Westmoreland, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION

On October 4, 2004, appellant Ronald Lynn Stewart pled guilty to possession of methamphetamine for sale (Health & Saf. Code, § 11378). Stewart admitted a prior drug possession conviction (Health & Saf. Code, § 11370.2, subd. (c)). Under the terms of the plea agreement, Stewart was subject to a maximum prison term of five years.

The trial court sentenced Stewart to prison for five years, imposed a restitution fine, and granted Stewart applicable custody credits. On appeal, Stewart contends the trial court erred in denying his suppression motion.

FACTS

The morning of December 31, 2004, was dark and cloudy at 6:43 a.m. Bakersfield Police Officer Jason Matson noticed a pickup truck parked next to a business with its headlights on. As Matson pulled up, the truck began to back up. Officer Matson was concerned because there had been numerous vehicle and business burglaries in that area. Matson contacted the driver of the truck, Kimberly Castellon, who explained she was visiting Stewart, who lived there.

Castellon consented to a search of the truck. As Matson started his search, Stewart walked out of the door of a business. Stewart walked out and stood outside the door next to Castellon and Matson. Matson was uncomfortable with Stewart and Castellon standing next to him and called a backup officer. With Stewart standing next to them, Matson searched Castellon's purse and found what appeared to be methamphetamine. Matson handcuffed Castellon and placed her in the patrol car.

Matson began talking to Stewart, asking him his relationship to Castellon. As they talked, Stewart admitted he had recently used methamphetamine. Stewart exhibited objective signs of use. Stewart admitted he had drugs in his residence.

When Matson asked Stewart if he was willing to show Matson where the drugs were located, Stewart said, â€