People v. Butler

I. INTRODUCTION

Defendant, Perry Butler, appeals from his conviction for battery on a peace officer, with injuries. (Pen. Code, § 243, subd. (c) .) The jury also found that defendant was previously convicted of a serious felony. (§§ 667, subds. (b)-(i), 1170.12.) Defendant argues the trial court improperly: denied his section 1538.5 motion to suppress evidence; excluded evidence that deputy sheriffs had tried to intimidate him prior to trial; and denied his discriminatory prosecution discovery motion. In the published portion of this opinion, we discuss whether the United States Supreme Court decision of Florida v. J.L. (2000) 529 U.S. 266, 268-274 [ 146 L.Ed.2d 254 , 120 S.Ct. 1375 ] (J.L.) required the trial court to suppress the challenged evidence under the terms of the Fourth Amendment. We conclude that J.L., does not require that the evidence at issue be suppressed, and the trial court correctly denied the section 1538.5 motion.

H. FACTUAL BACKGROUND

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 318-319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55 Cal.Rptr.2d 26 ,…