The People v. Ware CA2/8

BACKGROUND

The area bounded by 3rd Street to 7th Street and from Spring Street to San Pedro Street is known as “the 5th Street corridor.” Deon Joseph served as a Los Angeles police officer for about 14 years in the 5th Street corridor, which is “a rehabilitative recovery zone” and “actually stretches all the way to Central Avenue.” During this time, almost on a daily basis, Officer Joseph came upon DVD’s which, based on his training and experience, were pirated, and he had observed street sales of

All further section references are to the Penal Code.

This appeal is properly before this court. At the preliminary hearing, the magistrate denied defendant’s motion to reduce the charge to a misdemeanor. The charge was pleaded in the information as a felony. (See People v. Nickerson (2005) 128 Cal.App.4th 33, 36-39.)

The record does not reflect the disposition of the allegations defendant had suffered two strikes under the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and served three prior prison terms (§ 667.5, subd. (b)). His misdemeanor conviction renders these allegations inconsequential.

2 pirated DVD’s “[h]undreds of times.” A street…