The People v. Simon CA5

INTRODUCTION AND FACTS

On November 23, 2008, 10.6 grams of methamphetamine was found secreted inside the truck appellant Hermilo Salto Simon was driving. He was convicted after court trial of transporting methamphetamine (Health & Saf. Code, § 11379, subd. (a)). Special allegations that appellant suffered three prior narcotics convictions and served two prior prison terms were found true. (Health & Saf. Code, § 11370.2, subd. (b); Pen. Code, § 667.5, subd. (b).)1 He was sentenced to an aggregate term of eight years‟ imprisonment. Appellant argues the court erred by denying his motions to suppress evidence and to substitute counsel (People v. Marsden (1970) 2 Cal.3d 118 (Marsden)). We are not convinced and will affirm the judgment.

DISCUSSION

I. The Suppression Motion Was Properly Denied.

A. Facts. On November 15, 2010, appellant filed a motion to suppress evidence found inside his truck. (§ 1538.5.) The suppression motion was heard on November 22, 2010. Merced County Deputy Sheriff Preston Sanchez was the only witness.2 Sanchez testified that he and his partner were patrolling the Merced area in a marked police vehicle on the morning of November 23, 2008. At…