Methey

Appellant Kenneth Donald Methey appeals from the denial of his motion to suppress in San Diego County Superior Court No. CRE99755. Alternatively he urges his trial counsel was incompetent. We conclude the trial court committed no error and that his defense was not prejudiced by any incompetence.

Facts

The facts which serve as the basis for Methey’s conviction are not disputed by the parties. On April 6, 1988, at 3 a.m., El Cajon Police Officer Michael Hohlweg observed Methey walking on the sidewalk of North Third Street in El Cajon. Hohlweg recognized Methey from numerous prior police contacts and arrests for drug-related crimes. Methey was carrying what Hohlweg believed was a metal bar. When Hohlweg approached Methey, Methey threw the bar to the ground.

Hohlweg patted down Methey’s outer clothing after Methey said “I dropped [the metal bar] so you wouldn’t think I was going to hit you with it.” Methey was perspiring and shaking. He was larger than Hohlweg and was wearing a large, baggy nylon jacket. When Hohlweg patted Methey’s right front pants pocket, he felt a plastic baggie-type container which Hohlweg thought might be marijuana. Hohlweg said “It feels like you…