PEOPLE v. RIOS
Filed 3/16/11
CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. FLORENCIO RIOS, Defendant and Appellant. | F059673 (Super. Ct. No. MF007940A) OPINION |
APPEAL from a judgment of the Superior Court of Kern County. Stephen P. Gildner and Jerold L. Turner, Judges.â€
Peggy A. Headley, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.
Following denial of his suppression motion (Pen. Code,[1] § 1538.5), appellant, Florencio Rios, pleaded no contest to possessing a firearm after being previously convicted of a violent offense (§ 12021.1, subd. (a); count 1) and resisting or obstructing a peace officer (§ 148, subd. (a)(1); count 2). He admitted to having been previously convicted of four serious or violent felonies (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)) and having served four prior prison terms (§ 667.5, subd. (b)). Sentenced to prison for 25 years to life plus three years and ordered to pay various fines and fees, he now appeals, claiming his suppression motion was wrongly denied and that, because section 12021.1 has been replaced by section 12021, the trial court lacked fundamental subject matter jurisdiction and so the judgment is void. For the reasons that follow, we conclude that Rios's Fourth Amendment rights were not violated, and that he cannot raise the statutory claim because he failed to obtain a certificate of probable cause. Accordingly, we affirm.
We publish to address Rios's contention that his suppression motion should have been granted because (1) the prosecution failed to prove the scope and precise terms of the search condition of the juvenile probationer in whose residence Rios was present, and (2) Rios's detention and pat search breached the limited power and authority conferred on probation officers under California law.
I.
Motion to Suppress Evidence
It is settled that a trial court hearing a motion to suppress evidence acts as the finder of fact. Under standard principles of appellate review, we uphold its factual findings, whether express or implied, if they are supported by substantial evidence. (Cf. People v. Johnson (1980) 26 Cal.3d 557, 578.) We then exercise our independent judgment and â€
| Description | Following denial of his suppression motion (Pen. Code,[1] § 1538.5), appellant, Florencio Rios, pleaded no contest to possessing a firearm after being previously convicted of a violent offense (§ 12021.1, subd. (a); count 1) and resisting or obstructing a peace officer (§ 148, subd. (a)(1); count 2). He admitted to having been previously convicted of four serious or violent felonies (§§ 667, subds. (c)-(j), 1170.12, subds. (a)-(e)) and having served four prior prison terms (§ 667.5, subd. (b)). Sentenced to prison for 25 years to life plus three years and ordered to pay various fines and fees, he now appeals, claiming his suppression motion was wrongly denied and that, because section 12021.1 has been replaced by section 12021, the trial court lacked fundamental subject matter jurisdiction and so the judgment is void. For the reasons that follow, we conclude that Rios's Fourth Amendment rights were not violated, and that he cannot raise the statutory claim because he failed to obtain a certificate of probable cause. Accordingly, we affirm. We publish to address Rios's contention that his suppression motion should have been granted because (1) the prosecution failed to prove the scope and precise terms of the search condition of the juvenile probationer in whose residence Rios was present, and (2) Rios's detention and pat search breached the limited power and authority conferred on probation officers under California law. |
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