Leath

The People v. Leath

Bad Law
158 Cal. Rptr. 3d 449·2013 Cal. App. LEXIS 491·217 Cal. App. 4th 344·2013 WL 3087071
Court of Appeal of CaliforniaJune 20, 2013B239508California4,483 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.