P.
P. v. Molina CA2/2
Opinion
Opinion
BACKGROUND
Procedural history Defendant was charged in count 1 with the sale or transportation of marijuana in violation of Health and Safety Code section 11360, subdivision (a), and in count 2 with possession of marijuana for sale in violation of Health and Safety Code section 11359. After the trial court denied his motion to suppress evidence filed pursuant to Penal Code section 1538.5, defendant entered into a plea agreement under the terms of which he pled no contest to count 1 and count 2 was dismissed. On May 29, 2012, the trial court suspended imposition of sentence, placed defendant on formal probation for three years, with conditions that included 365 days in custody with credit totaling 365 days, and payment of mandatory fines and fees. Defendant filed a timely notice of appeal. The suppression hearing Los Angeles County Sheriff’s Deputy Michael Rose testified that on the evening of June 3, 2011, while he was in a marked patrol car with his partner, Deputy Edwards, he saw defendant make a turn without signaling and then drive on the wrong side of the road in violation of the Vehicle Code. The deputies stopped defendant’s car and both deputies approached. Defendant told…