Souza

People v. Souza

Good Law
15 Cal. App. 4th 1646·19 Cal. Rptr. 2d 731·1993 Cal. App. LEXIS 543·93 Daily Journal DAR 6377·93 Cal. Daily Op. Serv. 3758
Court of Appeal of CaliforniaMay 20, 1993H009961California2,576 words

Opinion

Opinion

Cottle, J.

After his motion to suppress evidence (Pen. Code, § 1538.5) was denied, defendant James Arthur Souza pleaded no contest to possession of methamphetamine for sale while armed with a firearm (Health & Saf. Code, § 11378; Pen. Code, §§ 12022, subd. (c), 1203.073, subd. (b)(2)), driving with a suspended or revoked driver’s license (Veh. Code, § 14601.1, subd. (a)), resisting arrest (Pen. Code, § 148, subd. (a)), possession of a concealed firearm (Pen. Code, § 12025, subd. (a)), and carrying a loaded weapon in a city (Pen. Code, § 12031, subd. (a)). Defendant was sentenced to four years and four months in state prison. On appeal he contends the trial court erred by denying his motion to suppress evidence seized as a result of an automobile search. For the reasons stated below, we shall affirm.

Facts

At approximately 6:15 p.m. on July 27, 1990, San Jose Police Officers Barnes and Craig observed defendant “driving erratically,” weaving into the opposing lane of traffic as he turned from one street to the next. Concerned the driver was possibly under the influence of an alcoholic beverage or drugs, they stopped the older model Corvette defendant was driving; the stop occurred…

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