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The People v. Gonzalo Barragan

December 19, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GONZALO BARRAGAN, DEFENDANT AND APPELLANT.



(Super. Ct. No. NCR75003)

The opinion of the court was delivered by: Hull , J.

P. v. Barragan

CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Following a jury trial, defendant Gonzalo Barragan was convicted of transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)) and possession of marijuana (Health & Saf. Code, § 11357, subd. (c)). The trial court sentenced defendant to three years in state prison.

On appeal, defendant contends the trial court erred in denying his suppression motion, as the search was the product of an unlawfully and impermissibly long detention. We affirm the judgment.

FACTS AND PROCEEDINGS

Since defendant contests only the suppression motion, we take the facts from the hearing on that motion.

At approximately 2:30 a.m. on September 5, 2008, Tehama County Sherriff's Deputy Justin Nunes was stopped at the intersection of Corning Road and Black Butte Road when a white Chrysler Sebring passed by, traveling east on Corning Road. Deputy Nunes turned east on Corning Road. He was about 30 to 35 yards from the Sebring when he observed the car's rear license plate light was not illuminating the license plate, a Vehicle Code violation. Deputy Nunes activated his lights and initiated a traffic stop.

Deputy Nunes left his patrol car and contacted the Sebring's driver, defendant. Deputy Nunes asked defendant for his driver's license, which defendant gave to him. While defendant was getting his license, Deputy Nunes asked defendant where he was traveling from. Defendant replied the Richmond area, which prompted Deputy Nunes to ask what he was doing in the area. Defendant said he was visiting his uncle.

After getting defendant's license, Deputy Nunes returned to his patrol car and called the license into dispatch, which confirmed it was valid. Deputy Nunes then asked defendant to get out of his car and talk to him. He asked defendant who owned the car, to which defendant replied, his aunt. Deputy Nunes then told defendant he was confused as to why he was in the Corning area. Defendant said he had come up to see his uncle. When asked where his uncle lived, defendant said he did not know as his uncle had moved. Deputy Nunes then asked defendant if he had any drugs in the car. Defendant said there were not, and told Deputy Nunes "you could check."

Deputy Nunes informed defendant he was going to pat him down before looking in the car. After patting down defendant, Deputy Nunes directed him to stand near the front of the patrol car. During the search, Deputy Nunes smelled marijuana coming from the trunk, which contained three duffel bags.

Deputy Nunes ordered defendant to the ground, handcuffed him, and placed him in the back seat of the patrol car. After giving defendant a Miranda advisement, Deputy Nunes asked whether the bags contained marijuana. Defendant said he did not know. Deputy Nunes asked the same question again, and defendant replied that the deputy could check. Deputy Nunes opened the bags and ...


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