Daggs
People v. Daggs
Opinion
Opinion
Stein, J.
James Daggs entered a plea of no contest to one count of robbery after the court denied his motion to suppress evidence. The court suspended imposition of sentence and placed defendant on supervised probation for three years on condition that he serve eight months in county jail, and required him to pay restitution and fines. He filed a timely notice of appeal.
We shall find no error with respect to the court’s determination that defendant abandoned his cell phone at the scene of the robbery, and therefore no unlawful search occurred when the police removed the battery to view numbers identifying the phone.
Facts
On December 7, 2003, Felix Bria, a clerk at a Walgreen’s store, saw defendant go behind a counter and grab several cartons of cigarettes. Bria tried to stop defendant by grabbing his arm. Defendant spun around, sprayed Bria in the eye with pepper spray, and ran from the store. After the police arrived on the scene, they found a cell phone in the area near the cash register where Bria had confronted defendant. Bria had used that cash register 10 to 15 minutes before his confrontation with defendant and had not seen a cell phone in that area.