People v. Baca CA3

Filed 7/19/16 P. v. Baca 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(San Joaquin) ----

THE PEOPLE,

Plaintiff and Respondent, C077956

v. (Super. Ct. No. SF128067A)

STEVEN MICHAEL DEAN BACA,

Defendant and Appellant.

Prior to trial, defendant filed a motion to suppress evidence pursuant to Penal Code section 1538.5.1 The trial court denied the motion, finding defendant did not have a reasonable expectation of privacy in the contents of the backpack at the time it was searched because he had abandoned the backpack when he fled from the officer. On appeal defendant contends the trial court erred in denying his motion to suppress

Undesignated statutory references are to the Penal Code.

1 evidence. We…