P. v. Sims

Filed 3/14/06 P. v. Sims 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 Fresno County. James L. Quaschnick, Judge.

Richard Jay Moller, 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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INTRODUCTION

On March 17, 2005, appellant Michael Sims pled no contest to one count of possession of cocaine base for sale (Health & Saf. Code, § 11351.5). Sims admitted a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)).[1] The trial court sentenced Sims to prison for the mitigated term of three years plus a consecutive term of one year for the prior prison term enhancement for a total prison term of four years. The court granted applicable custody credits and imposed a restitution fine. On appeal, Sims contends the court erred in denying his suppression motion.

FACTS

On May 20, 2004, Tina Fulbright paid for a room at the Welcome Inn in Fresno. Sims gave Fulbright $20 to share the room before she checked into the motel.[2] Fulbright was in room 122. At about 10:00 p.m. on May 20, 2004, law enforcement officers conducted a parole search on Randy Sims at a residence on Van Ness Avenue in Fresno. Based on the search of that residence, officers found evidence Sims was in possession of ammunition. Sims is a convicted felon. A citizen report indicated Sims might be in possession of a handgun. Officers received information Sims was staying in room 122 at the Welcome Inn.

Between 11:00 p.m. and 1:00 a.m., Officer Ridenour and five other members of the Fresno Police Department wearing uniforms went to the motel to arrest Sims.[3] Ridenour and his partner went to room 122. Other officers checked with the motel clerk to see if the clerk had seen anyone matching Sims's description. Soon, all the officers positioned themselves outside room 122.

Officer Reedy knocked on the door to room 122. When a female voice from inside asked who that was at the door, Reedy initially replied he was the â€