People v. Malone CA1/2

BACKGROUND

Several days after the robbery of a jewelry store in Half Moon Bay, California on February 8, 2016, during which Malone’s coparticipant brandished a revolver and used a taser, an Indianapolis police officer pulled over a car Malone was driving with the coparticipant as a passenger. A taser, a handgun, ammunition, and numerous diamonds were found in the car. Malone was arrested for possession of a firearm without a license. Malone was charged with two counts of second degree robbery (§ 212.5, subd. (c).) Each count alleged that a principal was armed with a firearm (§ 12022, subd. (a)(1)) and that the loss exceeded $65,000 (§ 12022.6, subd. (a)(1)) and $100,000 (§ 1203.045, subd. (a)). Malone pleaded not guilty and denied the enhancement allegations. In early 2018, he was found incompetent to stand trial and committed to Napa State Hospital. He was certified as restored to competency in June 2020. In July 2020, defense counsel filed a motion to suppress evidence seized in connection with the detention, arrest and search of Malone and his belongings (§ 1538.5). On August 11, 2020, prior to the hearing on the motion set for that date, the trial court granted Malone’s…