People v. Holbert CA3

BACKGROUND

On June 13, 2012, Sacramento County Sheriff’s Deputies Robert French and Sean Berry conducted a stop of defendant’s vehicle. Defendant falsely identified himself to

1 the officers as Bobbie Eberly. The officers learned Bobbie Eberly was on probation and conducted a probation search. In the course of the search, the officers found a nine- millimeter semiautomatic firearm, a black plastic bag containing an unloaded replica .44- caliber revolver, and nineteen .38-caliber bullets. In the trunk of the car were copies of checks, medical records from a dental office that included the personal information of at least 10 different people, identifying information for at least eight different people, and a laptop computer. Defendant was arrested for providing an officer with a false name. Deputy French gave the items to Detective Albert Kirby of the sheriff’s department high tech crimes unit. Detective Kirby and Detective Sean Smith spoke with seven of the people whose information and property was found in the trunk of the car and they indicated they did not know defendant and he did not have permission to have that information. After hearing a recorded jail phone call, Deputy…