THE PEOPLE v. SEAN MATTHEW DOMINIQUE (2011)

Court of Appeal, Second District, California.

THE PEOPLE, Plaintiff and Respondent, v. SEAN MATTHEW DOMINIQUE, Defendant and Appellant.

2d Crim. No. B220699

Decided: May 09, 2011

Sean Matthew Dominique appeals from the judgment entered after his guilty plea to second degree burglary. (Pen.Code, § 459.) The trial court placed him on felony probation, which included six months in county jail. Deputy Sheriff Michael Stevenson responded to a burglary at Piru Market on April 19, 2009. Missing from the store were lottery tickets, cartons of cigarettes, liquor, firewood, lighters, a nine-millimeter Smith & Wesson firearm, a cash register, and approximately $600 in cash. Stevenson contacted Sergeant Robert Yoos and they drove to the Lake Piru campground. They spoke to several park rangers, but found no evidence. Later that day, a ranger from Lake Piru contacted Yoos. He reported that there had been a traffic accident at the campground earlier that day, and that cartons of cigarettes and lottery tickets were found inside the car. Three men who had been involved in the accident were preparing to leave campsite 125. Officers Yoos and Stevenson returned to the campground and saw a car with a license plate matching that described by the ranger. There were three male occupants. Yoos stopped the car and detained the men. Appellant was the driver. In response to a question posed by Yoos, appellant said that a search of his car was unnecessary. Yoos placed appellant in a patrol car. He then returned to appellant's car. One of the passengers had a cash drawer on his lap with rolling papers in the money trays. A park ranger arrived on the scene and told Yoos that lottery tickets and empty cash register drawers had been found near campsite 125. Yoos asked again for appellant's consent to search the car, and this time he agreed. Appellant said that he had marijuana inside a backpack in the car, and a medical marijuana card in his wallet.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

The backpack contained cartons of cigarettes, liquor, marijuana and a scale. Inside the car were cigarette cartons and alcohol. Recovered from the trunk were more cartons of cigarettes, alcohol and a nine-millimeter Smith & Wesson handgun. The trunk also contained a holster, a magazine for the gun and a roll of cash. Appellant said he had put the gun in the trunk to keep someone from getting hurt.

Prior to entering into the plea agreement, appellant filed a motion to exclude all evidence seized from his person, car, the campsite and any statements made to law enforcement. (Pen.Code, § 1538.5.) At a hearing on the motion, appellant argued that the prosecution failed to introduce evidence of his statements to various other law enforcement agencies which, taken together, could have provided probable cause for Yoos to detain him. Appellant's motion was denied.

We appointed counsel to represent appellant in this appeal. After examining the record, counsel filed an opening brief raising no issues and requesting that this court independently examine the record pursuant to People v. Wende (1979) 25 Cal.3d 436.

On September 14, 2010, we advised appellant that he had 30 days within which to personally submit any contentions or issues he wished to raise on appeal. We have received no response from him.

We have reviewed the entire record and are satisfied that appellant's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Kelly (2006) 40 Cal.4th 106, 124; People v. Wende, supra, 25 Cal.3d at p. 441.)

DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED.

COFFEE, J.

We concur:

GILBERT, P.J.

YEGAN, J.

Edward F. Brodie, Judge

Superior Court County of Ventura

Lyn A. Woodward, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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