People v. Alexander CA2/4

INTRODUCTION

Appellant Jerome A. Alexander was with a companion who was suspected of purchasing a laptop by means of fraud. Just after the purchase took place, officers approached Alexander outside the store and asked for identification. Alexander referred to his wallet, which contained a false identification card. Alexander was charged with several offenses, including counterfeiting and identity theft. He moved to suppress the evidence found in his wallet on Fourth Amendment grounds, asserting that his detention or arrest was improper. The court denied the motion. Pursuant to a plea agreement, Alexander pled no contest to identity theft and the other charges were dismissed. He was sentenced to three years’ probation. On appeal, Alexander contends the trial court should have granted his motion to suppress evidence. We find the motion was properly denied. Alexander also asserts that amended Penal Code section 1203.1, subdivision (a),1 effective January 1, 2021, requires that his probation term be reduced to two years. The Attorney General agrees the term is subject to reduction, but argues the case should be remanded to allow the People to withdraw from the plea agreement. We find…