Campbell

People v. Campbell

Good Law
1991 Cal. App. LEXIS 581·230 Cal. App. 3d 1432·281 Cal. Rptr. 870·91 Daily Journal DAR 6607·91 Cal. Daily Op. Serv. 4250
Court of Appeal of CaliforniaJune 4, 1991D011347California5,494 words

Opinion

Opinion

Huffman, J.

Scot Albert Campbell and Paul George Werner separately appeal their jury convictions and sentences for various robberies (Pen. Code, § 211) and false imprisonments (§§ 236, 237) arising out of their “money-taking” spree of two fast food restaurants, one in San Diego County and one in Riverside County, on March 12, 1989. They also challenge their convictions and sentences for being in possession of a firearm within the meaning of section 12021, subdivision (a), and the jury findings of and punishment for numerous gun arming and gun use allegations in connection with each substantive crime (§§ 12022, subd. (a), 12022.5, subd. (a)).

Campbell and Werner first contest the jurisdiction of the San Diego Superior Court to try them on the five Riverside County counts for the Temecula Taco Bell robbery. They specifically assert section 786 is unconstitutional. Even if section 786 is constitutional, they argue the San Diego Superior Court lacks jurisdiction to hear the three false imprisonment charges. They seek reversal of those counts.

Additionally, Campbell and Werner contend the trial court erroneously denied their section 1538.5 motions to suppress evidence. They claim there…

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