Carrillo

Appellant, Jose Luis Carrillo, appeals from a judgment of conviction for drug-related offenses. He contends the trial court erred in denying his motion to suppress evidence of the cocaine found in his car. He also contends the trial court erred in denying his motion to dismiss based on Wheeler (People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]) error. Finally, he argues the restitution fine imposed by the trial court must be reversed in the absence of a finding of his ability to pay. We affirm.

Facts and Proceedings Below

Deputy Sheriff Maples was assigned to the narcotics division in the Palmdale Sheriff’s station. During the first week of April 1994, a confidential informant told Deputy Maples appellant distributed large amounts of cocaine and heroin in the Palmdale area. The informant told the deputy appellant’s name, and described him as a male Hispanic, approximately forty years old, heavy set and approximately five feet seven inches tall. The informant indicated appellant came from the Los Angeles area and drove a “Toyota type” vehicle with traffic collision damage.

On April 19, 1994, Deputy Maples received further information regarding…