Watkins
People v. Watkins
Opinion
Opinion
Raye, J.
After the court denied defendant Stephen Cortney Watkins’s motion to suppress evidence obtained following a stop and search of his car (Pen. Code, § 1538.5) and his subsequent motion to dismiss the information (Pen. Code, § 995), a jury convicted him of possessing cocaine base for sale (count one; Health & Saf. Code, § 11351.5) and transporting cocaine base (count two; Health & Saf. Code, § 11352, subd. (a)). Sentenced to five years’ probation, including 180 days in county jail, defendant contends his motion to suppress evidence should have been granted because the vehicle stop and the subsequent search were illegal. We shall affirm.
BACKGROUND
Because defendant does not challenge the verdict, we recount only the evidence relevant to the search and seizure.
The Penal Code Section 1538.5 Motion
At the prehminary hearing, Elk Grove Police Officer Chris Reese testified as follows:
Around 2:30 a.m. on February 1, 2007, driving westbound on Geneva Pointe Drive toward East Stockton Boulevard, Officer Reese observed a blue Buick approaching the stop sign at the intersection. When it stopped, Officer Reese saw that the driver’s side “stop lamp,” or brake light, was not…