Perez

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural Background In May 2022, the Santa Clara County District Attorney filed a felony complaint charging Perez with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 1), possession of ammunition by a prohibited person (Pen. Code, § 30305, subd. (a)(1); count 2), possession of a controlled substance for sale (Health & Saf. Code, § 11378; count 3), transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a); count 4), misdemeanor driving in violation of a license restriction related to a driving

2 under the influence offense (Veh. Code, 1 § 14601.2, subd. (b); count 5), and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364, subd. (a); count 6). As to count 3, the complaint alleged that Perez was armed with a firearm in the commission of the offense (Pen. Code, § 12022, subd. (c)) and had suffered two prior convictions for drug possession (Pen. Code, § 1203.07, subd. (a)(11)). In September 2022, Perez, through counsel, filed a motion to suppress evidence pursuant to Penal Code section 1538.5 (hereafter, suppression motion or motion). The district attorney filed an…