People v. Summage CA5

INTRODUCTION

Following denial of his motion to suppress evidence, defendant Sylvester Mack Summage, Jr., pled no contest to possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted serving a prior prison term (Pen. Code,1 § 667.5, subd. (b)). He was sentenced to a total of four years in state prison. On appeal, defendant asserts the trial court erred in denying his motion to suppress evidence because the detention was unlawful. Hence, he argues the fruits of that detention should have been excluded. Defendant also asks this court to independently review the materials disclosed in camera pursuant to his motion made under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess) to ensure all materials subject to disclosure were in fact provided to the defense. We reverse, finding his motion to suppress should have been granted.

BRIEF FACTUAL2 & PROCEDURAL BACKGROUND

On February 22, 2012, about 10:30 p.m., Bakersfield police officer Jason Mears and his partner were patrolling in the 1500 block of Palm Drive. The officers noticed two individuals walking in the middle of the roadway. Defendant was identified as one of the two individuals. Mears stated that…