P.

P. v. Parker CA2/8

Good Law
Court of Appeal of CaliforniaAugust 2, 2013B245059California327 words

Opinion

Opinion

Flier, J.

FACTS AND PROCEDURE

In an eight-count amended information, defendant was charged with two counts of possession of a firearm by a felon, possession of a concealed weapon in his vehicle, possession of ammunition by a felon, carrying a loaded firearm, resisting a peace officer, driving under the influence of alcohol, and driving while having a 0.08 percent or higher blood alcohol content. A prior serious or violent felony was alleged and two prior convictions for which defendant did not remain free from custody for a period of five years were alleged. Defendant initially pled not guilty. Defendant filed a motion to suppress evidence pursuant to Penal Code section 1538.5 based on the contention that he was searched without probable cause. At a hearing on defendant’s motion to suppress, Officer Eric Williams testified that at approximately 3:00 a.m. on October 20, 2010, he observed defendant driving erratically. Defendant swerved from the number 3 lane into the number 1 lane and then back to the number 3 lane. Defendant did not signal any of his lane changes. Defendant was speeding. After defendant was stopped, Williams’s partner began administering field sobriety tests. Defendant…

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