The People v. Alvarez CA2/4

Good Law
Court of Appeal of CaliforniaSeptember 6, 2013B243218California3,986 words

Opinion

Opinion

Manella, J.

FACTS

A. Prosecution Evidence 1. Evidence Regarding Offenses On November 10, 2011, several members of the Los Angeles County Sheriff‟s Department conducted a surveillance operation regarding appellant‟s Covina residence, where narcotics activity was suspected. Deputy Sheriff Mario Garcia watched the house from an undercover unmarked van. Nearby were two vehicles containing the rest of the surveillance team, including Deputy Sheriff Steve Busch, who waited in a black-and-white patrol car.

2 Appellant stipulated to a prior felony conviction, for purposes of the jury trial on the offenses that included a prior conviction as an element.

3 Between 1:00 and 1:30 p.m., Garcia saw appellant‟s girlfriend, Marissa Godina, leave the residence and drive away in a black Chevrolet Suburban. Garcia later noticed that appellant was a passenger in the Suburban. While Garcia followed the Suburban, Godina pulled over, let Garcia pass, and then began to follow him. Garcia concluded that Godina was engaged in “countersurveillance” tactics. To ensure his safety, he asked the other team members to watch the Suburban. Busch saw Godina drive through a red light, and stopped the Suburban. The other…

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