Hochstraser

People v. Hochstraser

Good Law
100 Cal. Rptr. 3d 728·178 Cal. App. 4th 883·2009 Cal. App. LEXIS 1721
Court of Appeal of CaliforniaOctober 27, 2009H032765California9,535 words

Opinion

Opinion

McADAMS, J.

A jury convicted defendant of first degree murder. (Pen. Code, § 187, subd. (a).) Defendant’s sole contention on appeal is that the trial court erroneously denied his pretrial motion to suppress evidence, including the victim’s dismembered body parts, discovered as a result of the warrantless searches of his residence and his mother’s car. We will affirm.

STATEMENT OF THE CASE

On June 2, 2006, an information was filed in Santa Clara County charging defendant with the murder of Dolores Gonzales. Defendant pleaded not guilty and filed an amended motion to suppress all evidence seized from his home and car on June 5, 2005. (§ 1538.5.) An evidentiary hearing on the motion was held on October 23, 2006. The court denied the motion in a written order filed on January 2, 2007. The jury was sworn to try the case on June 27, 2007, and returned its first degree murder verdict on July 17, 2007. On March 20, 2008, the trial court sentenced defendant to state prison for 25 years to life. Notice of appeal was timely filed.

STATEMENT OF FACTS

Facts Adduced at the Suppression Hearing

On June 5, 2005, at approximately 9:46 p.m., a woman who identified herself as Christy Gonzales…

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