Gomez

People v. Gomez

Bad Law
117 Cal. App. 4th 531·12 Cal. Rptr. 3d 398
Court of Appeal of CaliforniaApril 6, 2004G031026California3,452 words

Opinion

Opinion

Rylaarsdam, J.

After the trial court denied his motion to suppress, defendant David Ramirez Gomez pleaded guilty to conspiracy to commit a crime, sale or transportation of a controlled substance, and two counts of possession for sale of a controlled substance; he also admitted the related gang allegation. We note that the companion cases involving his two codefendants, Fernando Melendrez (People v. Melendrez (Mar. 8, 2004, G030674) [nonpub. opn.]) and Art Romo (People v. Romo (Mar. 8, 2004, G031085) [nonpub. opn.]), are also before us.

Defendant contends the court erred in denying his motion to suppress because his prolonged detention was unreasonable and constituted a de facto arrest without probable cause. He further argues that the court erred in failing to strike the hearsay testimony of two of the investigating officers, such error violated his constitutional right to confront the witnesses against him, and there was insufficient evidence of probable cause absent their testimony. We disagree and therefore affirm.

FACTS

The following facts relating to defendant’s detention and arrest were derived from the evidentiary hearing on the motion to suppress evidence.

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