P. v. Perro

Filed 6/1/06 P. v. Perro CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H028877

Plaintiff and Respondent, (Santa Cruz County

Superior Court

v. No. F09864)

CHRISTOPHER PERRO,

Defendant and Appellant.

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Defendant Christopher Perro appeals from a judgment of conviction entered after he pleaded no contest to battery on a peace officer (Pen. Code, § 243, subd. (b)) and resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)(1)). The trial court suspended imposition of sentence for 24 months and granted probation on condition that he serve 30 days in county jail. Defendant contends that the judgment must be reversed, because the trial court erred in denying his motion to suppress evidence obtained after an illegal detention. We find no error and affirm.

I. Statement of Facts[1]

At approximately 10:35 p.m. on July 14, 2005, Deputy Jason Nielsen was driving in a marked police car when he saw defendant in the parking lot of the Grocery Outlet in Felton. Defendant and his father were standing near a parked car. Nielsen stopped his vehicle to find out why they were in the parking lot when the store was closed. As Nielsen approached the two men, he asked them what they were doing. One of them responded, â€