Filed 5/10/06 P. v. Diaz CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
THE PEOPLE, Plaintiff and Respondent, v. GILBERTO A. DIAZ, Defendant and Appellant. |
A109992
(Contra Costa County Super. Ct. No. 05-041865-7) |
Defendant Gilberto A. Diaz appeals his conviction by no contest plea to possession of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) on the ground that the trial court erroneously denied his motion to suppress evidence (Pen. Code, § 1538.5). We reject the contention and affirm.
Background[1]
Contra Costa County Sheriff's Deputy Robert Roberts testified that on the evening of October 5, 2004, he and his partner were driving eastbound on Highway 4 when they saw a green SUV (sport utility vehicle) in the lane closest to the shoulder, â€