Corrales

People v. Corrales

Good Law
152 Cal. Rptr. 3d 667·2013 Cal. App. LEXIS 98·213 Cal. App. 4th 696·2013 WL 441538
Court of Appeal of CaliforniaFebruary 6, 2013No. B243654California2,190 words

Opinion

Lead Opinion

Turner, J.

*698 Opinion

I. INTRODUCTION

A jury convicted defendant, Anthony Corrales, of methamphetamine possession in violation of Health and Safety 1 Code section 11377, subdivision (a). He admitted he had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Imposition of sentence was suspended. Defendant was placed on one year of Penal Code section 1210.1 probation.

Defendant’s sole contention on appeal is that the trial court improperly denied his Penal Code section 1538.5 evidence suppression motion. In the published portion of the opinion, we affirm the trial court’s denial of defendant’s suppression of evidence motion. Also, upon remittitur issuance, the trial court is to determine defendant’s ability to pay a section 11372.7, subdivision (b) drug program fee together with penalties and the surcharge.

H. DISCUSSION

A. The Evidence Suppression Motion

Defendant challenges the legality of a traffic stop. Defendant argues the officers could not have legally temporarily detained him. The evidence at the suppression hearing was as follows. At 11:10 a.m. on October 22, 2011, Officer William Lantz and a partner, identified only as Officer Seboda,…

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