People v. Warda CA5

INTRODUCTION

Defendant and appellant Peter James Warda was located inside an automobile shop that was the subject of a search warrant related to a homicide investigation and probation search. Modesto Police Department Sergeant Sean Martin had been by the shop several times, knew Warda was associated with the automobile shop and knew he was on searchable probation. During the search of the shop, officers recovered a revolver, a bag of cocaine, cash, and a digital scale. Warda was arrested and charged with felonies related to the evidence discovered. Before trial, Warda filed a motion to discover the identity and location of any informant who might have provided information for the search warrant to determine whether it was material to his defense. The court set the hearing on calendar as a Hobbs1 motion. On the date of the hearing, the court held that any motion pursuant to Hobbs was denied and the matter was set out for a hearing related to discovery of information regarding any informant. After reviewing the sealed affidavit in camera, the court informed Warda there was nothing discoverable in the affidavit. On appeal, defendant claims the court erred when it denied his Hobbs…