P. v. Baker
Filed 6/8/06 P. v. Baker CA2/2
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO
| THE PEOPLE, Plaintiff and Respondent, v. FRANK LEE BAKER, Defendant and Appellant. | B182848 (Los Angeles County Super. Ct. No. VA085799) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Cynthia Rayvis, Judge. Affirmed.
Ronnie Duberstein, 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 Viet H. Nguyen, Deputy Attorneys General, for Plaintiff and Respondent.
________________
After his motion to suppress evidence pursuant to Penal Code section 1538.5[1] was denied, appellant Frank Lee Baker pleaded guilty to one count of being a felon in possession of a firearm in violation of section 12021, subdivision (a)(1). The court suspended imposition of sentence and placed appellant on formal probation for a period of three years.
Appellant appeals on the ground that the trial court's denial of his motion to suppress must be reversed because the facts known to the officers did not provide probable cause or reasonable suspicion to search his car.
FACTS
At the hearing on appellant's motion to suppress, Deputy Roberto Figueroa of the Los Angeles County Sheriff's Department testified that he and his partner, Deputy Reynaga, were on patrol on October 18, 2004, at approximately 12:00 in the afternoon. Figueroa observed that appellant failed to make a complete stop at the intersection of Grape Street and 97th Street and subsequently failed to signal when he turned north on Grape Street. The deputies pulled over appellant's car. After both vehicles came to a stop and the deputies were approaching appellant's car, Figueroa saw appellant lift up the center console, reach inside, and quickly close the console. Figueroa testified that â€
