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The People v. Anthony Almanza

June 26, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ANTHONY ALMANZA, DEFENDANT AND APPELLANT.



APPEAL from the Superior Court of Riverside County. Kelly L. Hanson, Judge. Affirmed. (Super.Ct.No. SWF10002663)

The opinion of the court was delivered by: Hollenhorst Acting P. J.

CERTIFIED FOR PARTIAL PUBLICATION*fn1

OPINION

I. INTRODUCTION

Defendant Anthony Almanza appeals from his conviction of carrying a concealed dirk or dagger (Pen. Code, former § 12020,*fn2 subd. (a)(4); count 1) and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a); count 2). Defendant contends the trial court erred in denying his motion to suppress evidence under Penal Code section 1538.5, and there was no substantial evidence to establish the amount of a booking fee or his ability to pay such fee under Government Code section 29550.2.

II. FACTS AND PROCEDURAL BACKGROUND

In a patdown search on December 15, 2010, a police officer found a knife with a four-and-one-half-inch blade in defendant's pocket. Defendant appeared to be under the influence of a controlled substance, and a field test indicated he was under the influence. After his arrest, he admitted that he smoked methamphetamine the previous night.

Defendant moved to suppress the evidence obtained during the stop. The motion was heard at the preliminary hearing on February 24, 2011. After the court denied his motion to suppress evidence, defendant pleaded guilty to carrying a concealed dirk or dagger (Pen. Code, § 12020, subd. (a)(4)) and being under the influence of a controlled substance, a misdemeanor (Health & Saf. Code, § 11550, subd. (a).) Defendant also admitted a prior prison term (Pen. Code, § 667.5, subd. (b).)

The trial court sentenced defendant to the low term of 16 months in prison for count 1 and ordered a concurrent 90-day term for count 2. The trial court struck the prison prior (Pen. Code, § 667.5, subd. (b)) and imposed various fines and fees, including a booking fee, or criminal justice administration fee, of $414.45.

Additional facts are set forth in the discussion of the issues to which they pertain.

III. DISCUSSION

A. Denial of Motion to Suppress

Defendant contends the trial court erred in denying his motion to suppress evidence under Penal Code section 1538.5.

1. Forfeiture

Defendant's motion to suppress evidence was held at the preliminary hearing before a magistrate. Defendant did not renew the motion in superior court, and the People contend he ...


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