Rodriguez

Filed 11/6/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038588

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1110340)

v.

ADAM SERGIO RODRIGUEZ,

Defendant and Appellant.

Defendant Adam Sergio Rodriguez was convicted after a court trial of possession of child pornography (Pen. Code, § 311.11, subd. (a)).1 The trial court suspended imposition of sentence and placed him on three years felony probation. On appeal, he argues that he was prejudiced because his relitigated motion to suppress was not heard by the judge who granted his earlier motion to suppress in violation of section 1538.5, subdivision (p). In the alternative, he contends his motion to suppress was erroneously denied and two of his probation conditions are unconstitutionally vague. We conclude the trial court did not abuse its discretion when it declined to assign the motion to suppress to the judge who granted defendant’s motion to suppress in the first case. Additionally, we determine the motion to suppress was properly denied. However, we agree with defendant…