PEOPLE v. HERNANDEZ

Filed 12/18/06; pub. order 1/11/07 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

----

     A jury found defendant George Lee Hernandez guilty of felony and misdemeanor resisting arrest, being under the influence of methamphetamine, and driving while under the influence of alcohol or drugs.  Defendant appeals, contending the trial court erred in denying his motion to suppress because the police had no reasonable grounds to stop his vehicle for having no license plates when the temporary operating permit was lawfully placed, valid on its face, and seen by the police officer.  Defendant also contends his convictions for resisting arrest must be reversed because the arresting officer was not acting lawfully. 

     We agree with defendant that the traffic stop in this case was unlawful.  Accordingly, we will reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

     Sacramento Sheriff's Deputy Anthony Paonessa testified at the hearing on the motion to suppress.  Deputy Paonessa testified he was on patrol on January 25, 2005, at approximately 4:40 p.m. when he first saw a brown pick-up truck.  Deputy Paonessa noticed the truck did not have any license plates so he pulled the truck over.  During cross-examination, Deputy Paonessa said that before he pulled the truck over, he observed a temporary operating permit in the rear window of the truck that appeared valid on its face.  Deputy Paonessa testified that he understands temporary operating permits are provided pending issuance of license plates to show that all fees have been paid to the Department of Motor Vehicles.  Deputy Paonessa pulled the truck over despite the temporary operating permit because â€