People v. Sutherland CA2/8

FACTS AND PROCEDURAL HISTORY

A tip by a suspicious neighbor led Alhambra police to stop a car driven by Maurice Gibbs, leading to four burglary convictions each against Gibbs and his passengers, David Sutherland and Tony Banks, after a search of that car uncovered property stolen from several nearby homes earlier that day. The tipster neighbor identified Sutherland and Banks as the two men she saw casing her neighbor’s house. A shoeprint found outside one of the burgled homes was a close match to the shoes Banks was wearing. After being questioned by the police, Sutherland wrote an apology for his part in the break-ins. The primary issue on appeal concerns the trial court’s denial of Sutherland’s and Gibbs’s motions to suppress all the evidence obtained or derived from the traffic stop and search of Gibbs’s car.2 Corporal Art Fernandez of the Alhambra Police Department testified that at around 10:48 a.m. on August 28, 2012, he was dispatched to the home of

People v. Marsden (1970) 2 Cal.3d 118, 123 (defendant has right to discharge ineffective appointed counsel).

Banks also filed a motion to suppress the evidence but he is not a party to this appeal. Sutherland…