People v. Leiva CA5

INTRODUCTION

A jury convicted Andre Leiva (appellant) of two counts of being a felon in possession of a firearm (Pen. Code, § 29800, subd. (a)(1)),1 unlawful possession of ammunition (§ 30305, subd. (a)(1)), and misdemeanor resisting a peace officer (§ 148, subd. (a)(1)). The jury also found true allegations that appellant was armed with a deadly weapon for purposes of the “Three Strikes” law (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii)), and the trial court found appellant had two prior strike convictions. (§§ 667, subd. (d)(1), 1170.12, subd. (b)(1).) The court sentenced appellant to 25 years to life in state prison. On appeal, appellant contends the trial court erred in denying his motion to suppress evidence pursuant to section 1538.5, alleging the People failed to establish the traffic stop that led to his arrest was supported by reasonable cause. He also claims the trial court’s excusal of an African-American prospective juror for cause was motivated by racial bias, in violation of his state and federal constitutional rights to a fair and representative jury, Code of Civil Procedure section 231.7, and the California Racial Justice Act of 2020 (CRJA). Finding…