P. .v Smartt CA3

BACKGROUND

On September 11, 2013, an information was filed charging defendant with possession of a short-barreled shotgun. (§ 33210.) The information alleged that

Undesignated statutory references are to the Penal Code.

1 defendant possessed the shotgun in association with a criminal street gang. (§ 186.22, subd. (b)(1).) Defendant pleaded not guilty and denied the gang association allegation. On September 30, 2013, defendant filed a Pitchess motion, which the trial court granted. The trial court conducted an in camera hearing on October 24, 2013, but found that there was no discoverable evidence. On October 25, 2013, defendant filed a motion to suppress evidence pursuant to section 1538.5. At the hearing on the motion, Sacramento County Sheriff’s Deputy Dennis Peyton testified that he was on routine patrol with his partner, Sergeant Chris Guerrero, on the afternoon of June 18, 2013. Sergeant Guerrero was driving an unmarked car. As they drove past the Economy Inn on Watt Avenue, Deputy Peyton observed four men loitering in the parking lot. One of the men was wearing clothing that caused Deputy Peyton to believe that he might be affiliated with a criminal street gang.…