Collier

People v. Collier

Good Law
166 Cal. App. 4th 1374·2008 Cal. App. LEXIS 1440·83 Cal. Rptr. 3d 458
Court of Appeal of CaliforniaSeptember 18, 2008B207163California1,168 words

Opinion

Opinion

Yegan, J.

Tyree Christopher Collier pled guilty to carrying a concealed firearm as a convicted felon (Pen. Code, § 12025, subd. (a)(2)) and possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)). He entered the pleas and was sentenced to 16 months in state prison after the trial court denied his motion to suppress evidence. We affirm the order denying suppression.

Facts

On the afternoon of October 9, 2007, Los Angeles County Deputy Sheriff Alfredo Rosas stopped a teal Hyundai because it did not have a front license plate. (Veh. Code, § 5200, subd. (a).) Deputy Rosas spoke to the female driver and smelled marijuana emanating from the vehicle. Deputy Rosas’s partner, Deputy Brett Binder, approached the passenger side of the vehicle and also smelled a strong odor of marijuana. Appellant was in the front passenger seat.

Deputy Binder asked appellant to step out of the car and asked him if he had weapons or anything illegal on his person. Appellant answered no. Appellant was taller than Deputy Binder and wore baggy shorts that hung down to his ankles and an untucked shirt that extended to his midlegs. The baggy clothing led him to believe that appellant might be…

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