P. v. Randle

Filed 7/6/06 P. v. Randle CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Kern County. Michael B. Lewis, Judge.

Deborah Prucha, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Kathleen A. McKenna and Lloyd G. Carter, Deputy Attorneys General, for Plaintiff and Respondent.

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Following the denial of his motion to suppress evidence (Pen. Code, § 1538.5),^[1] Myron Terrell Randle (appellant), pursuant to a plea agreement, pled no contest to possession or purchase of a controlled substance (Health & Saf. Code, § 11351). The court imposed the two-year lower term in state prison, and appellant was ordered to register as a narcotics offender (Health & Saf. Code, § 11590).

On appeal, appellant contends the trial court erred in denying his section 1538.5 motion to suppression evidence. We disagree and affirm.

DISCUSSION

1. The section 1538.5 motion

The following facts are shown by the testimony at the section 1538.5 hearing:

On the evening of August 30, 2004, at approximately 10:00 p.m., police officer Richard Dossey and his partner first encountered appellant at the D & A Market. The officers had received a complaint of loitering and noise in the market parking lot, which was well known for narcotic sales and drug use. When the officers arrived at the lot, the people and cars in the lot scattered. Appellant drove away westbound on Casino Street.

The two officers left the lot and proceeded to a vacant residence on Casino Street, also a location known for drug use and sales. There they found the car appellant had been driving parked in the driveway. Appellant was inside the vehicle.

After shining his spotlight on the car, Officer Dossey approached the vehicle on foot. Appellant exited the vehicle and began walking away. The officer asked him to stop, but appellant claimed he was walking to his aunt's house, which was next door. When asked what his aunt's name was, appellant was unable to tell the officers. When the officers asked appellant for identification, he ran.

The officers chased appellant and ordered him to stop, but they eventually lost track of him.^[2] Officer Dossey radioed for help and asked that officers come to the scene to â€