Leath
The People v. Leath
Opinion
Opinion
Suzukawa, J.
Following the denial of his motion to suppress evidence (Pen. Code, § 1538.5), defendant Brandon Leath pled guilty to two counts of second degree robbery. (§ 211.) He now appeals from the judgment of conviction, urging that the trial court erred in denying his motion to suppress. We affirm.
FACTUAL AND PROCEDURAL HISTORY
I. The October 7, 2010 Armed Robbery
On October 7, 2010, Osmara Merlo, Jorge Vasquez, and Daniel Guillen were robbed at gunpoint near the comer of 43rd Place and Sixth Avenue in Los Angeles. Two suspects approached in a dark SUV, pointed a gun at Merlo’s head, and told her to give them her purse. When Vasquez and Guillen approached, the suspects pointed the gun at them and told them to empty their pockets. Vasquez handed the suspects an iPod, iPhone, and a Zune player, and the suspects took Guillen’s phone and wallet from his pockets. The suspect with the gun then told Merlo, Vasquez, and Guillen to turn around and mn.
Officers arrested defendant and codefendant Timothy Brewer shortly after the robbery. A subsequently filed information charged defendant with three counts of second degree robbery; it also alleged defendant had committed a serious or…