Molina

People v. Molina

Good Law
1994 Cal. App. LEXIS 583·25 Cal. App. 4th 1038·30 Cal. Rptr. 2d 805·30 Cal. Rptr. 805·94 Daily Journal DAR 7960
Court of Appeal of CaliforniaJune 9, 1994A062552California1,766 words

Opinion

Opinion

Stein, J.

A police search of Arturo Cesar Molina’s Ford pickup truck uncovered, among other things, usable amounts of cocaine and methamphetamine, a loaded firearm, and a length of copper cable covered in rubber. Molina, accordingly, was charged by information with: count 1: possession of cocaine (Health & Saf. Code, § 11350, subd. (a)); count 2: possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); count 3: carrying a loaded firearm in a vehicle (Pen. Code, § 12031, subd. (a)); count 4: possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1); and count 5: possession of a billy club (Pen. Code, § 12020, subd. (a)).

A magistrate denied Molina’s motion to suppress evidence of the various items as the products of an illegal search. The superior court, however, disagreed with the magistrate and, finding that the items were seized illegally, granted Molina’s Penal Code section 995 motion to dismiss the information filed against him. The People of the State of California appeal. Finding merit in the appeal, we will reverse.

In an appeal from an order of the superior court granting a Penal Code section 995 motion, we disregard…

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