People v. McCoy CA3

FACTS FROM SUPPRESSION HEARING2

On October 23, 2012, the trial court heard the joint suppression motion of defendant and codefendant Patrice Duncan, who is not a party to this appeal. The only witness at the suppression hearing was Stockton Police Officer Jeffrey Pope. He testified that on July 10, 2012, at about 11:45 p.m., he was on patrol in Stockton, wearing a uniform and driving a marked police car. While driving westbound on Martin Luther King Boulevard (MLK), Officer Pope saw an “unusual[ly] colored” sports car, black with a yellow racing stripe, pull out of a gas station and head eastbound on MLK at “a higher rate of speed.” Officer Pope observed in his rearview mirror that the sports car appeared to be traveling “much faster” than other traffic. Officer Pope made a U-turn and attempted to catch up with the sports car.

2 The prosecutor asked the trial court to review the transcript of the preliminary examination before ruling on the suppression motion. In its ruling the trial court referred to evidence contained in the transcript. Defendant did not object. Accordingly, our statement of facts includes facts developed at the preliminary examination. (See also, Super. Ct.…