Trejo

People v. Trejo

Good Law
1994 Cal. App. LEXIS 665·26 Cal. App. 4th 460·31 Cal. Rptr. 2d 302·94 Daily Journal DAR 9139·94 Cal. Daily Op. Serv. 4963
Court of Appeal of CaliforniaJune 28, 1994B079434California730 words

Opinion

Opinion

Turner, J.

— Defendant, Cesar Trejo, appeals his felony conviction after a Penal Code section 1538.5 suppression of evidence motion was denied. Because the motion was properly denied, other than modifying the amount of presentence credits, we affirm the judgment.

When the appropriate standard of review is applied (People v. Leyba (1981) 29 Cal.3d 591, 596-597 [ 174 Cal.Rptr. 867 , 629 P.2d 961 ]; accord, People v. Clair (1992) 2 Cal.4th 629, 678 [ 7 Cal.Rptr.2d 564 , 828 P.2d 705 ]), the following was the evidence which warranted the trial court’s denial of the suppression of evidence motion. At 4:50 a.m. on April 9, 1993, two Los Angeles police officers observed defendant drive a 1971 Cadillac through a stop sign. Using a computer in the patrol car, one of the officers determined there “was an outstanding warrant on the [Cadillac].” This meant that the car had been driven in the past by the subject of the arrest warrant, which in this case was for a misdemeanor. Defendant drove the Cadillac Fleetwood into a driveway and the officers parked their patrol car behind the it. One of the officers approached defendant and asked for identification. Defendant could produce no driver’s…

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