People v. Wilson CA1/1
Opinion
Opinion
Wilson, J.
I. BACKGROUND
In July 2022, Wilson was charged by information with burglary during a state of emergency (§ 463, subd. (a); count I); second degree commercial
1 Undesignated statutory references are to the Penal Code.
1 burglary (§ 459; count II); carrying a concealed, unregistered firearm (§ 25400, subd. (a)(2); count III); carrying a loaded, unregistered firearm (§ 25850, subd. (a); count IV); and misdemeanor resisting a peace officer (§ 148, subd. (a)(1); count V). As to counts I through IV, the information alleged that Wilson committed the offenses while on bail (§ 12022.1, subd. (b)). A. Evidence Code Section 402 Hearing The People moved in limine to admit evidence of statements Wilson made to police officers the night of his arrest, including statements that everybody was looting. On October 9, 2023, the trial court held an Evidence Code section 402 hearing to determine the admissibility of Wilson’s statements. Officer Brittney Taylor testified that on November 19, 2021, around 11:48 p.m., her partner and she were flagged down about a burglary at a Walgreens on Market Street and 9th Street. When they responded, the Walgreens window was shattered and she saw Wilson inside…