People v. Dinh CA6

I. Statement of the Case

A felony complaint alleged that defendant committed the offenses of possession of a firearm by a felon (§ 29800, subd. (a)(1)) and possession of ammunition by a felon (§ 30305, subd. (a)(1)). At defendant’s preliminary hearing, the magistrate heard defendant’s suppression motion. The magistrate denied the motion and held defendant to answer on the complaint. An information charged defendant with two counts of possession of a firearm by a felon, one count of possession of ammunition by a felon, and one count of possession of an assault weapon (§ 30605, subd. (a)). Defendant renewed his suppression motion in the trial court and additional testimony from Officer Vinh Trinh was introduced. The trial court granted the motion to suppress. The trial court also granted defendant’s section 995 motion to set aside the information and the case was dismissed.

II. Statement of Facts

At approximately 1:20 a.m., on November 6, 2014, Officer Trinh and three other officers went to defendant’s residence. Officer Trinh had been informed that a battery and vandalism had occurred “in another part of the city” at 1:00 a.m. or shortly thereafter and the suspects had left a…