People v. Auther CA1/3
A143134
| Cal. Ct. App. | Aug 26, 2016Background
- Night of Mar 23, 2013, deputy observed Sean Auther on a bicycle pass through a four‑way stop; deputy stopped him for failing to stop.
- Auther told the officer he had no ID and refused to give his name; officer smelled marijuana and Auther admitted meth in his pocket. Search produced meth and a small amount of marijuana.
- At the preliminary/suppression hearing the magistrate credited the deputy’s account and found reasonable suspicion to detain Auther for a Vehicle Code violation.
- Defense witnesses testified Auther stopped about 5–10 feet from the stop sign before riding through; defense argued a stop that close was legally sufficient under Veh. Code §22450.
- Auther was convicted of possession, sentenced to probation, and the trial court (without prior statutorily required advisement at arraignment) ordered him to pay $2,000 in court‑appointed counsel fees under Penal Code §987.8.
Issues
| Issue | Plaintiff's Argument (People) | Defendant's Argument (Auther) | Held |
|---|---|---|---|
| 1. Validity of the traffic stop/suppression of evidence | Deputy reasonably believed Auther failed to stop; magistrate credibility finding justified detention | Auther argued he lawfully stopped ~5 feet from the stop sign so there was no violation and stop was unlawful | Court affirmed denial of suppression: magistrate’s credibility finding and reasonable suspicion upheld; officer’s reasonable belief of a violation justified the stop |
| 2. Imposition of court‑appointed attorney’s fees without prior notice | Conceded failure to give statutorily required notice; asserted no prejudice and argued waiver for failure to object at sentencing | Argued he received no §987.8(f) advisement before appointment and might have pled or declined appointed counsel if warned; due process violation | Fee order stricken: failure to give prior notice/hearing under §987.8(f) violated due process; error not cured or waived at sentencing |
Key Cases Cited
- People v. Thompson, 221 Cal.App.3d 923 (describing appellate review of magistrate findings on suppression)
- People v. Wells, 38 Cal.4th 1078 (totality of circumstances standard for traffic stops)
- People v. Miranda, 17 Cal.App.4th 917 (officer may stop if facts support reasonable suspicion of Vehicle Code violation)
- People v. Smith, 81 Cal.App.4th 630 (statutory notice and hearing required before charging defendant with counsel fees)
- People v. Scott, 9 Cal.4th 331 (waiver principles for sentencing challenges; discussed but distinguished here)