Opinion
C063745 Super. Ct. No. 62-081814A
10-20-2011
THE PEOPLE, Plaintiff and Respondent, v. DONALD ROBERT POSADA, Defendant and Appellant.
NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
ORDER MODIFYING
OPINION
[NO CHANGE IN
JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on October 17, 2011, be modified as follows:
Omit the last partial paragraph on page 6 that continues on page 7 and replace it with the following paragraph:
On appeal, the defendant does not dispute the legality of the traffic stop or Barreno's arrest. Instead, citing Arizona v. Gant (2009) 556 U.S. 332 (Gant), the defendant argues, as he did below, the search of his Mustang's passenger compartment cannot be justified as a search incident to Barreno's arrest. Furthermore, according to the defendant, the purported inventory search of his Mustang's trunk was a mere pretext for evidence gathering and was therefore unlawful. We conclude that the search of the passenger compartment and the trunk were lawful.
This modification does not change the judgment. THE COURT:
NICHOLSON, Acting P. J.
BUTZ, J.
MAURO, J.