People v. Spann CA6

I. FACTS AND PROCEDURAL BACKGROUND

A. Procedural Background On November 2, 2018, the Santa Cruz County District Attorney (district attorney) filed an information charging Spann with grand theft of personal property exceeding $950 in value (§ 487, subd. (a); count 1). (Case No. 18CR06522.) The information further alleged that Spann committed the grand theft while released from custody in a different case (§ 12022.1) and had previously served four prison terms (§ 667.5, subd. (b)). On January 7, 2019, the district attorney filed an information in another case charging Spann with possession of a firearm by a felon (§ 29800, subd. (a)(1); count 1), possession of an assault weapon (§ 30605, subd. (a); count 2), and possession of ammunition by a prohibited person (§ 30305, subd. (a)(1); count 3). (Case No. 18CR00878.) The information also alleged Spann’s four prior prison terms (§ 667.5, subd. (b)). On August 23, 2019, the trial court held a hearing on Spann’s suppression motion (§ 1538.5) in the firearm possession case and denied it. On January 22, 2020, Spann and the district attorney reached a negotiated disposition in both cases. In the firearm possession case, Spann pleaded no…