Vogel

People v. Vogel

Caution
148 Cal. App. 4th 131·2007 Cal. App. LEXIS 277·2007 Daily Journal DAR 2835·55 Cal. Rptr. 3d 403·2007 Cal. Daily Op. Serv. 2264
Court of Appeal of CaliforniaFebruary 28, 2007C051861California3,297 words

Opinion

Opinion

Robie, J.

After he was arrested in Red Bluff in 1999 for annoying or molesting a minor (Pen. Code, § 647.6), defendant William Michael Vogel was prosecuted on different charges in Siskiyou and Placer Counties based on evidence obtained as a result of that arrest. In each case, the trial courts denied his motion to suppress evidence. In the Siskiyou County case, we affirmed that ruling on appeal. (People v. Vogel (July 11, 2001, C036488) [nonpub. opn.].) Defendant now challenges the ruling in the Placer County case.

As will be seen, we conclude defendant is barred by the doctrine of collateral estoppel from relitigating in this case the issue decided in the prior case—whether probable cause existed for defendant’s arrest. As for the remaining arguments defendant raises here, we find no merit in them. Accordingly, we will affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On the evening of July 20, 1999, Patrol Sergeant Ted Wiley of the Red Bluff Police Department arrested defendant for annoying or molesting a minor after investigating a report that defendant was trying to take pictures of children at Red Bluff High School. Based on evidence obtained as a result of the arrest,…

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