Knight

After the court denied his motion to suppress evidence, defendant James Edward Knight pled no contest to possessing a controlled substance with a firearm and possessing a controlled substance. The trial court placed him on three years’ probation. Defendant contends the trial court erred in denying his motion to suppress evidence. We agree and shall reverse and remand the matter to the trial court to allow defendant to withdraw his plea.

BACKGROUND

Defendant was charged with possession of a controlled substance with a firearm, transportation of a controlled substance, possession of a controlled substance, having a concealed firearm in a vehicle in violation of Penal Code section 12025, subdivision (a)(1), and carrying “a loaded firearm on his/her person while in a public place and on a public street in an incorporated city, to wit, Cameron Park” in violation of section 12031, subdivision (a)(1). Defendant moved to suppress the evidence obtained as a result of his arrest. The testimony at the suppression hearing included the following:

On April 27, 2003, El Dorado County Sheriff’s Deputy Mike Ford was working the graveyard shift with his partner, Deputy Matthew…