Le

People v. Hai Minh Le

Good Law
169 Cal. App. 3d 186·1985 Cal. App. LEXIS 1988·215 Cal. Rptr. 106
Court of Appeal of CaliforniaJune 12, 1985F003676California3,301 words

Opinion

Opinion

Brown, J.

Appellant was convicted by a jury of five counts of robbery (Pen. Code, § 211), two counts of attempted murder (Pen. Code, §§ 664, 187), two counts of robbery within an inhabited dwelling (Pen. Code, § 213.5), and one count of first degree burglary (Pen. Code, §§ 459, 460). He was also found to have used a firearm (Pen. Code, § 12022.5) in the commission of each of the counts and of having caused great bodily injury (Pen. Code, § 12022.7) in the commission of one of the attempted murder counts and one of the robbery counts.

The single contention raised on appeal is that appellant’s automobile was illegally searched, as a result of which several pieces of property that had been stolen during one of the robberies and the gun used to shoot one of the victims were found. The statement of facts will be limited to those necessary to the disposition of this issue.

Facts

On June 22, 1983, police investigating a series of robberies and one shooting developed probable cause to arrest appellant for those crimes. Appellant was spotted by the police while he was driving his car accompanied by his wife, his sister and his two children. The car was stopped and appellant was arrested.…

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