Mims
People v. Mims
Opinion
Lead Opinion
Reardon, J.
Appellant Lamar Mims was convicted on his plea of guilty of possessing rock cocaine for sale and was admitted to probation. He appeals the superior court’s denial of his motion to suppress evidence. (See Pen. Code, § 1538.5, subd. (m).) We affirm.
I. Facts
Approximately 5:30 p.m. on the evening of May 15, 1991, Officers Brooks and Garcia were patrolling in the 800 block of 9th Street in Richmond in a “semi marked patrol unit.” Each officer was in full police uniform. Brooks observed two males in front of a residence at 824 9th Street, one of whom was the appellant.
Brooks saw appellant extend his left hand toward the extended hand of the other man, who held a piece of green paper that “appeared to be U.S. currency . . . .” As the officers approached within 20 to 25 yards, another male shouted “police.” Immediately thereafter, appellant and the other male “pulled their hands apart and Mr. Mims [appellant] turned towards us.” At that time, Brooks saw a plastic sandwich baggie in appellant’s right hand, which appellant transferred to his left hand and then “put it in his left front pants pocket.”