Filed 4/2/13 P. v. Peterson CA2/4 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 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 This opinion has not been certified for publication or ordered published for 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. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION FOUR 

THE PEOPLE, 

 Plaintiff and Respondent, 

 v. 

JOSEPH M. PETERSON, 

 Defendant and Appellant. 

 B242410 

 (Los Angeles County 

 Super. Ct. No. SA075392-02) 

 APPEAL from a judgment of the Superior Court of Los Angeles County, 

Lawrence J. Mira, Judge. Affirmed. 

 Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and 

Appellant. 

 No appearance for Plaintiff and Respondent. 
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 Joseph M. Peterson pled no contest to possession of a controlled substance and 

appeals from the denial of his motion to suppress. Our independent review of the record 

reveals no arguable issue that would aid Peterson. We affirm the judgment of conviction. 

FACTUAL AND PROCEDURAL SUMMARY 

 Deputy Sheriff Guillermo Loza was on routine patrol at the intersection of 

Topanga Canyon Boulevard and Lanark Street at 0202 hours on July 1, 2010 when he 

saw a red Ford F-350 pickup truck speeding southbound on Topanga while straddling the 

lane lines. He believed the vehicle was traveling 15 miles an hour over the posted limit. 

He and his partner, Deputy Justin Solomon, initiated a traffic stop of the pickup. Deputy 

Loza walked up to the passenger side of the pickup. He saw the driver lean down toward 

the right floorboard area, then suddenly sit back in his seat. The deputy saw a baggy 

containing a crystallized substance resembling methamphetamine protruding from 

underneath the plastic driver’s side floor mat. The baggy was within arm’s reach of the 

passenger, but the deputy did not see the passenger make any downward movements. 

Deputy Solomon detained the driver, searched him for narcotics, and placed him in the 

back seat of the patrol car. Deputy Solomon then took the passenger, appellant, out of 

the pickup and searched him for narcotics and weapons. Deputy Loza saw Deputy 

Solomon retrieve a plastic bindle containing a crystallized substance resembling 

methamphetamine from appellant’s right zipper short pocket. The bindle was booked 

into evidence. Based on the initial observation of a crystallized substance resembling 

methamphetamine taken from his pocket, appellant was detained and arrested for 

possession of methamphetamine. 

 Appellant was charged with possession of methamphetamine in violation of 

Health and Safety Code section 11377, subdivision (a) and it was alleged that he had 

served a prior prison term within the meaning of Penal Code section 667.5, subdivision 

(b). At the preliminary hearing, the court heard and denied appellant’s motion to 

suppress the drugs seized from his pocket. Appellant was held to answer, arraigned, and 

pled not guilty. He then renewed the motion to suppress, which was denied. Appellant 
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waived his constitutional rights and pled no contest. He was placed on summary 

probation under the Proposition 36 alternative sentencing scheme. He filed a timely 

notice of appeal. 

DISCUSSION 

 We appointed counsel to represent appellant on appeal. Appointed counsel filed 

an appellate brief raising no issues, but asking this court to independently review the 

record on appeal pursuant to People v. Wende (1979) 25 Cal.3d 436, 441–442. We 

advised appellant that he had 30 days within which to submit by brief or letter any 

contentions or arguments he wished this court to consider. No response has been 

received. 

 We have independently reviewed the record in accordance with People v. Wende, 

supra, 25 Cal.3d at pages 441–442, and find no arguable issues that could aid appellant. 

DISPOSITION 

 The judgment is affirmed. 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 

 EPSTEIN, P. J. 

We concur: 

 WILLHITE, J. 

 SUZUKAWA, J.