Opinion
B233366
11-09-2011
THE PEOPLE, Plaintiff and Respondent, v. LUIS GALVAN, Defendant and Appellant.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance on behalf of Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Los Angeles County Super. Ct. No. LA067313)
APPEAL from a judgment of the Superior Court of Los Angeles, Joseph A. Brandolino, Judge. Affirmed.
Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
Following the denial of his motion to suppress evidence, appellant pled no contest to possession of heroin for sale (Health & Saf. Code, § 11351). He was granted probation for three years.
THE SUPPRESSION MOTION
Appellant was stopped by the police because he was not wearing a seatbelt while driving a vehicle and the vehicle had a broken taillight. Upon contacting appellant, an officer learned appellant did not have a driver's license.
Because appellant was not licensed, police department policy dictated that the vehicle be subject to an impound search and then impounded. The search was to ensure there were no weapons or contraband in the vehicle and to provide appellant with an opportunity to decide which items in the vehicle he wanted to take with him (appellant was to be cited and released). Pursuant to this policy, the officers searched the center console and found methamphetamine, heroin and a digital scale.
DISCUSSION
This court appointed counsel to represent appellant on appeal. On July 25, 2011, appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues but requesting this court independently review the record for arguable issues on appeal. Appellant was notified by letter from this court on July 25, 2011, of his right to file a supplemental brief within 30 days. Appellant has not filed a supplemental brief.
We have independently examined the record on appeal. The motion to suppress was properly denied. (See People v. Torres (2010) 188 Cal.App.4th 775, 786-789 [inventory searches of impounded vehicles are constitutional as long as they serve a community caretaking function and are not pretexts for conducting investigatory searches without probable cause].) There are no arguable issues. (Smith v. Robbins (2000) 528 U.S. 259, 284.)
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.
TURNER, P. J.
KRIEGLER, J.