People v. Walton CA1/5

Filed 2/10/15 P. v. Walton CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

Plaintiff and Respondent,

A141180

v. ROBERT L. WALTON, (San Francisco County Super. Ct. No. SCN220955) Defendant and Appellant.

Robert L. Walton challenges the denial of his motion to suppress evidence seized from him after he was detained by police. Walton’s sole contention on appeal is that the police’s use of excessive force converted an admittedly permissible investigative detention into a de facto arrest. He claims the trial court erred in denying his motion to suppress and seeks reversal of his conviction so that he may withdraw his guilty plea.1 We conclude that under the circumstances of this case, the actions of the police did not convert the…