Lopez

People v. Lopez

Good Law
116 Cal. App. 3d 600·172 Cal. Rptr. 236·1981 Cal. App. LEXIS 1476
Court of Appeal of CaliforniaMarch 6, 1981Crim. 37347California1,834 words

Opinion

Opinion

Beach, J.

Following a denial of his motion to suppress evidence, appellant entered pleas of nolo contendere to two counts each of receiving stolen property (Pen. Code, § 496), and grand theft (Pen. Code, § 487, subd. 1). Upon the People’s motion, the trial court ordered the remaining 8 counts dismissed in the furtherance of justice and placed appellant on probation for 3 years on the condition, among others, that he spend the first 280 days in the county jail.

Appellant appeals, challenging (1) the trial court’s ruling on the suppression motion (appellant claims that the court’s action was an impermissible “reconsideration of its earlier ruling”); and (2) the constitutionality of Vehicle Code section 2805, which permits a member of a city police department or county sheriffs office to conduct a warrant-less inspection of a vehicle at an automobile repair shop or dismantler lot, or any similar establishment, for the purpose of locating stolen vehicles. We affirm.

Discussion

1. Trial Court’s Ruling on Suppression Motion

Appellant contends the superior court, having once granted his suppression motion, was without jurisdiction to “reconsider” it prior to trial. A summary of the…

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