P. v. Taylor
Filed 3/30/06 P. v. Taylor CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. LUCIUS JAMES TAYLOR, Defendant and Appellant. | B179871 (Los Angeles County Super. Ct. No.VA082078) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Larry S. Knupp, Judge. Affirmed.
Russell S. Babcock, 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, Ana R. Duarte and Peggie Bradford Tarwater, Deputy Attorneys General, for Plaintiff and Respondent.
Pursuant to a negotiated plea wherein appellant agreed to a prison term of four years, he pled guilty to having a concealed firearm in a vehicle (Pen. Code, § 12025, subd. (a)(1)) and admitted that he suffered one strike prior within the meaning of Penal Code sections 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i). He appeals claiming the trial court erred in denying his motion, made pursuant to Penal Code section 1538.5, to suppress evidence. For reasons explained in the opinion we affirm the judgment.
FACTUAL AND PROCEDURAL SUMMARY
On April 5, 2004 at approximately 3:45 p.m., Deputy Sheriff Jason Herriott and his partner Deputy Heredia were traveling in their marked patrol vehicle, westbound on Century Boulevard toward Anzac in Los Angeles. The area was a residential area with a speed limit of 25 miles per hour. Deputy Herriott's attention was drawn to a black Ford Escort driven by appellant at a high rate of speed for a residential area, southbound on Anzac. There was also an elementary school approximately 100 yards south. The deputies pulled behind the vehicle and when appellant tapped the vehicle's brakes, Deputy Herriott observed that the center brake light was out on the vehicle. Deputy Heredia turned on the rotating lights on the patrol vehicle. Appellant's vehicle slowed down but did not immediately yield. Deputy Herriott observed appellant reach with his right hand toward the back rear passenger area and believed appellant was either concealing or retrieving an item out of the back portion of the car. Appellant stopped his vehicle after traveling approximately 50 yards. The deputies approached and appellant â€
