P. v. Merrill

Filed 5/30/06  P. v. Merrill CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

            APPEAL from the Superior Court of Riverside County.  Richard A. Erwood, Judge.  Affirmed.

            Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Appellant.

            Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Scott C. Taylor, Supervising Deputy Attorney General, and Teresa Torreblanca, Deputy Attorney General, for Plaintiff and Respondent.

             Defendant and appellant Tarran Merrill was charged with various crimes involving stolen identification documents and controlled substances. He filed a motion to suppress evidence, which the trial court denied. The court also denied a motion for reconsideration. Defendant then pled guilty to receipt of stolen identity documents (Pen. Code, § 496, subd. (a)^[1], count I) and possession for sale of a controlled substance with a prior felony (Health & Saf. Code, § 11370.2, subd. (a), count VI).  The remaining counts were dismissed as part of the plea agreement.  The court sentenced defendant to six years in state prison, but suspended execution of the sentence and placed him on probation for three years.

            On appeal, defendant argues that the trial court erred in denying his motion to suppress evidence of items found in a duffel bag, purse, wallet, and truck.  He contends that the items were obtained pursuant to a search that violated his Fourth Amendment rights against unreasonable searches and seizures.  We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND^[2]

             On June 19, 2004, Lolita Vega, who worked at the Hyatt Regency Suites, was informed that a floor mat and a trash can had been removed from the hotel.  Vega went outside the hotel to look around and saw a white pickup truck reverse and hit a pole.  The

truck had two occupants -- defendant, the driver, and a female passenger named Jennifer West.  Vega saw the missing mat and trash can in the back of the truck.  Vega unsuccessfully tried to get defendant's and West's attention.  Another man, Travis Westmoreland, jumped into the back of the truck, and the truck drove off.  Vega got into a hotel van and followed the truck.  Vega called 911.  Vega followed the truck until it stopped at a tobacco store.  Westmoreland jumped out the truck.  Vega asked him to return the hotel items, but he said he did not know what she was talking about.  Defendant attempted to drive off when Officer Denise Judd arrived.  Officer Daniel Clary arrived soon thereafter.

            Defendant and Westmoreland were yelling, so, in order to â€