People v. McCullough CA3

Filed 12/9/14 P. v. McCullough CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C074675

v. (Super. Ct. No. 13F02802)

ANTOINE JON MCCULLOUGH,

Defendant and Appellant.

Defendant Antoine Jon McCullough appeals the judgment of the trial court contending its denial of his motion to suppress evidence pursuant to Penal Code section 1538.5 was erroneous. The Attorney General agrees the court erred in denying defendant’s motion. Notwithstanding both parties’ agreement, we conclude the trial court did not err and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with possession of a controlled substance, namely methamphetamine (Health &…