Renteria

People v. Renteria

Good Law
1992 Cal. App. LEXIS 18·2 Cal. App. 4th 440·2 Cal. Rptr. 2d 925·92 Daily Journal DAR 240·92 Cal. Daily Op. Serv. 251
Court of Appeal of CaliforniaJanuary 7, 1992B055019California999 words

Opinion

Opinion

Yegan, J.

Angel Anthony Renteria was convicted by plea of nolo contendere to assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and two counts of false imprisonment (Pen. Code, § 236). Prior thereto, he unsuccessfully brought a motion pursuant to Penal Code section 1538.5. He was sentenced to state prison for four years and four months. He appeals contending: “The judgment must be reversed because the trial court erred in denying appellant’s 1538.5 motion.” Specifically, appellant claims that “. . . [t]he investigative stop by Officer Boulais was improper because he lacked the specific and articulable facts required to stop appellant’s truck.” We disagree and affirm the judgment.

We view the evidence in the light most favorable to the order denying suppression which is required by the familiar rule governing appellate review. (People v. Williams (1988) 45 Cal.3d 1268, 1301 [ 248 Cal.Rptr. 834 , 756 P.2d 221 ].) Our recitation of the evidence includes reasonable factual inferences drawn by the superior court sitting as trier of fact. (People v. Lawler (1973) 9 Cal.3d 156, 160 ( 107 Cal.Rptr. 13 , 507 P.2d 621 ].) Between 9 and 10 p. m. on August 2,1990, two men armed with…

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