Rivera

People v. Rivera

Good Law
156 Cal. App. 4th 60·2007 Cal. App. LEXIS 1712·67 Cal. Rptr. 3d 19
Court of Appeal of CaliforniaOctober 4, 2007D044103California3,030 words

Opinion

Opinion

McCONNELL, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 62 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 63 OPINION After the trial court denied a motion to suppress evidence (Pen. Code, § 1538.5 ), Juan Rivera entered a negotiated guilty plea to carrying a concealed dirk or dagger (Pen. Code, § 12020 , subd. (a)(4)). The court sentenced him to prison for the two-year middle term. Rivera contends the trial court erred in denying his motion to suppress *Page 64 In our original opinion, a majority reversed the judgment, concluding an anonymous tip did not justify the search of a residence and the subsequent detention and arrest of Rivera. The California Supreme Court granted review and reversed, holding that the initial search of the residence was lawful. ( People v. Rivera (2007) 41 Cal.4th 304 [ 59 Cal.Rptr.3d 473 , 159 P.3d 60 ] ( Rivera ).) The Supreme Court remanded,…

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