DACHINO

At a hearing on a suppression motion, a police officer testifies that he searched defendant and found a gun in his waistband. The defendant has standing to contest the legality of the search, even though he denies the search took place.

Jules Frank Dachino appeals a judgment after conviction of possession of a firearm by a felon (Pen. Code, § 12021, subd. (a)(1)) with findings that he suffered six prior serious or violent felony convictions (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The court sentenced him to 33 years to life in state prison. We conclude the trial court erred by ruling that Dachino lacks standing to challenge the search and seizure of evidence. (Pen. Code, § 1538.5.) We reverse and remand with instructions.

FACTS

Dachino moved to suppress a handgun and other evidence police officers obtained during a search. At the suppression hearing, Officer Shawn Hetherington testified that he and partner Officer Blanca Lopez saw Dachino driving his car at an “unsafe speed,” which he estimated to be 35 miles an hour in a 25-miles-an-hour residential zone. Dachino drove his car into the driveway of an apartment complex. Hetherington and Lopez…