Llamas

Introduction

After the denial of his motion to suppress evidence under Penal Code section 1538.5, defendant pled guilty to possession of cocaine (Health & Saf. Code, § 11350, subd. (a)) and to being under the influence of cocaine (Health & Saf. Code, § 11550). The court ordered three years of formal probation.

Defendant appeals, claiming that the entry and search of defendant’s motel room was based on a co-occupant’s involuntary consent. For the reasons stated below, we will affirm the trial court’s ruling.

Statement of the Facts

The motion to suppress evidence was submitted on the preliminary hearing transcript and additional evidence introduced at the hearing in superior court.

On March 4, 1990, Police Officer Hector Gutierrez stopped a vehicle driven by Eric Torregroza (Torregroza) within seconds after Torregroza left a motel parking lot. Torregroza informed the officer that he and his girlfriend, a passenger in the car, had “checked out” a room at the motel and were on their way to “buy beer.” The vehicle registration confirmed Torregroza’s ownership of the vehicle. His driver’s license, however, was suspended. When the officer saw that Torregroza was under the…