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The People v. Terry Jerome Baskin

November 6, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TERRY JEROME BASKIN, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F0039)

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

P. v. Baskin

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COPY

Following a jury trial, defendant Terry Jerome Baskin was convicted of furnishing tar heroin and/or methamphetamine (Health & Saf. Code, § 11352, subd. (a)) and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The trial court found true a strike allegation and sentenced defendant to nine years four months in state prison.

On appeal, defendant contends 1) the trial court erred in denying his motion to suppress the fruits of the warrantless entry into his apartment and 2) there is an error in the abstract. We order a correction to the abstract of judgment and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant challenged the legality of the entry into his apartment at his preliminary hearing. The magistrate denied his motion to suppress, finding there were exigent circumstances that justified the entry. Prior to trial, defendant renewed his motion to suppress pursuant to Penal Code section 1538.5, subdivision (i).*fn1 No additional evidence was presented in the trial court. The trial court denied defendant's motion, finding that the community caretaking exception to the warrant requirement applied. We take the following facts from the combined suppression motion and preliminary hearing.

On December 31, 2009, at 7:39 a.m., Sacramento County Sheriff's Deputy Todd Hengel responded to a 911 call concerning an abandoned infant. The caller reported that the infant's mother had been gone approximately one hour. Deputy Hengel arrived at the location at 7:55 a.m. At that time, he met the caller, Randy Shutler, and his girlfriend, Kimberlie Higginbothom, who had a five-week-old baby with them. Shutler told Deputy Hengel that he had been awakened at 4:30 a.m. by the sound of a woman crying outside his apartment. He and Higginbothom went outside to investigate and found a woman later identified as Melissa Cekic, crying hysterically and holding an infant. Higginbothom took Cekic back to Cekic's apartment.

Higginbothom talked to Cekic for about 45 minutes. Cekic then asked if she could get a ride to another apartment to retrieve a wallet she left the previous night. Shutler and Higginbothom agreed and drove her there. Upon their arrival, Cekic told them she would be back in a couple of minutes and then left the infant with them and entered the complex. When Cekic did not return after 20 to 25 minutes, Shutler went to look for her inside the complex, but did not find her.

After another 25 to 30 minutes, Shutler searched for Cekic again. At this point, Cekic had been gone about 50 minutes. During this search, Shutler contacted a woman later identified as Marie Mayfield. Shutler described Cekic to Mayfield, who said that the woman he described lived in apartment 4 and had gone in there. Shutler knocked on the door of apartment 4 and got no response. Mayfield told him the residents would not answer the door because they did not want to go to prison. Shutler then called the police.

Shutler pointed out Mayfield to Deputy Hengel. Deputy Hengel made contact with Mayfield. Mayfield denied that she had ever spoken to Shutler and denied seeing anyone go into apartment 4. She did say that she was friends with defendant, who lived in apartment 4. Deputy Hengel ran a warrant ...


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