Hunter

A felony complaint charged defendant Vorris Eric Hunter with cocaine base and marijuana possession for sale (Health & Saf. Code, §§ 11351.5 & 11359), gun possession by a felon (Pen. Code, § 12021, subd. (a)(1)) and special allegations. He moved at the preliminary hearing to suppress evidence (id., § 1538.5), and the magistrate granted his motion on grounds that a car stop that yielded probable cause to seize drugs from the passenger area was deficient under Wimberly v. Superior Court (1976) 16 Cal.3d 557 [ 128 Cal.Rptr. 641 , 547 P.2d 417 ] (Wimberly ) to support a trunk search that led to further seizures. The People sustained a dismissal, lacking evidence to proceed, and now appeal from a denial of their motion to reinstate the complaint (Pen. Code, § 871.5). The appeal lies (id., § 1238, subd. (a)(9); People v. Toney (2004) 32 Cal.4th 228, 231 [ 8 Cal.Rptr.3d 577 , 82 P.3d 778 ]; People v. Williams (2005) 35 Cal.4th 817, 823-824 [ 28 Cal.Rptr.3d 29 , 110 P.3d 1239 ]), and we agree with the People that suppression was unsound in light of post -Wimberly law.

Background

Preliminary hearing evidence. Testimony was from Terry Poyser, Steven Kent, Jr. and James O’Connell,…