People v. George CA6

I. INTRODUCTION

After his motion to suppress evidence was denied, defendant Gary Charles George pleaded no contest to possession for sale of methamphetamine (Health & Saf. Code, § 11378) and transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)), and he admitted six prior narcotics convictions (Health & Saf. Code, § 11370.2, subd. (c)) and one prior prison term (Pen. Code, § 667.5, subd. (b)). The trial court imposed a blended sentence of three years in county jail and two years on mandatory supervision. (See Pen. Code, § 1170, subd. (h)(5).) On appeal, defendant contends the trial court erred by denying his motion to suppress evidence, claiming he was subjected to an unlawful detention and that he did not voluntarily consent to a search of his vehicle. Defendant also contends the trial court improperly imposed a $50 per month probation supervision fee. We will strike the probation supervision fee and affirm the judgment as modified.

II. BACKGROUND

A. The Search of Defendant’s Vehicle On March 30, 2013, at about 2:45 a.m., Santa Clara County Sheriff’s Deputy Jennifer Galan was in uniform, driving a marked patrol car in the area of McKean Road…