People v. Cruz CA5

INTRODUCTION

Appellant Jose Mojarro Cruz pled no contest to possession of methamphetamine for sale and was sentenced to three years in local custody, followed by 10 years of mandatory supervision. On appeal, Cruz argues the trial court erred by denying his motion to suppress the evidence against him, as it was procured during an unlawful protective sweep. We affirm.

STATEMENT OF THE CASE

On October 7, 2013, an information was filed in Kern County charging defendant Jose Cruz with one count of possession of cocaine for sale (Health and Saf. Code,1 § 11351; count 1), one count of possession of heroin for sale (§ 11351; count 2), one count of marijuana for sale (§ 11359; count 3), and one count of possession of methamphetamine for sale (§ 11378; count 4). With respect to counts 1, 2, and 4, the information alleged Cruz had suffered three prior convictions within meaning of section 11370.2, subdivisions (a) and (c). The information also alleged Cruz had served two prior prison terms within the meaning of Penal Code section 667.5, subdivision (b). Prior to his preliminary hearing, Cruz filed a motion to suppress the evidence against him, which was denied. After being held to answer,…