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People v. Cisneros

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Jan 9, 2012
A132455 (Cal. Ct. App. Jan. 9, 2012)

Opinion

A132455

01-09-2012

THE PEOPLE, Plaintiff and Respondent, v. ROBBIE JOSEPH CISNEROS, Defendant and Appellant.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Contra Costa County Super. Ct. No. 05-100336-7)

Appellant Robbie Joseph Cisneros pled no contest to possessing methamphetamine and was granted probation. He appeals the denial of his motion to suppress evidence. (Pen. Code, §§ 1237.5, 1538.5, subd. (m).)

Deputy Shiells, assigned to a street level narcotics team in North Richmond, saw appellant walking out of a local grocery store in the area. Shiells had made numerous arrests for narcotics violations at that location. Appellant got on his bicycle and rode away. Observing that appellant did not have a headlight or reflective material on his bike as required by the Vehicle Code, Shiells followed in his patrol car and made a traffic stop. Shiells smelled alcohol on appellant's breath and suspected that appellant was under the influence. Appellant admitted to Shiells that he had consumed a pint of Cisco approximately an hour before being stopped.

Shiells then asked appellant, in a normal tone of voice and without drawing his weapon, if he could search appellant's person. Appellant replied, "Well, you're gonna anyway, so go ahead." In appellant's left jacket pocket, Shiells found two hypodermic needles. When asked, appellant explained that he was a diabetic. Shiells then found in appellant's right jacket pocket a sunglass case which contained a plastic baggie, tied in a knot, with white crystalline powder inside. Shiells, based on his training and experience, suspected that the powder was methamphetamine. A presumptive test confirmed this fact and appellant was arrested. A criminalist subsequently determined that the substance was methamphetamine in a usable amount. In denying the motion to suppress, the lower court found that appellant's consent to search was free and voluntary.

Counsel for appellant has filed an opening brief raising no issues and asking this court for an independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We have conducted the requested review and conclude that there are no arguable issues.

Appellant was represented throughout the proceedings by counsel. His no contest plea was validly entered and he received the agreed-to sentence. The lower court did not err in denying the motion to suppress and finding that appellant consented to the search of his person.

Judgment affirmed.

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Reardon, J.

We concur:

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Ruvolo, P.J.

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Rivera, J.


Summaries of

People v. Cisneros

COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR
Jan 9, 2012
A132455 (Cal. Ct. App. Jan. 9, 2012)
Case details for

People v. Cisneros

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROBBIE JOSEPH CISNEROS, Defendant…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR

Date published: Jan 9, 2012

Citations

A132455 (Cal. Ct. App. Jan. 9, 2012)