People v. De Juan

Statement of the Case

Defendant, Eduardo De Juan, was charged by information with two counts of murder (Pen. Code, § 187). As to each count, it was alleged defendant had used a firearm, a handgun, within the meaning of Penal Code section 12022.5. Defendant pled not guilty to the charges and denied the weapons use allegations.

Defendant moved to suppress evidence pursuant to Penal Code section 1538.5. After an extensive hearing lasting several days, the motion was granted in part but denied in larger part. All the evidence not suppressed was introduced at trial.

Defendant was tried by a jury, and found guilty of two counts of first degree murder. The jury found the firearm use allegations to be not true. Defendant was sentenced to state prison for the term prescribed by law on both counts.

Defendant appeals, contending the trial court erred in denying in part his motion to suppress evidence and that the introduction of the challenged evidence constituted prejudicial error.

Facts Adduced at Trial

Defendant and the DeCastro brothers, Angel and Alberto, were involved in a scheme to sell cocaine. The DeCastros brought the contraband from Miami to the Los Angeles area.…