Downey

People v. Downey

Good Law
130 Cal. Rptr. 3d 402·198 Cal. App. 4th 652·2011 Cal. App. LEXIS 1087
Court of Appeal of CaliforniaAugust 18, 2011No. E050916California3,751 words

Opinion

Lead Opinion

Richli, J.

Defendant and appellant Kima Rashan Downey pled guilty to being a felon in possession of a firearm (Pen. Code, § 12021, subd. (a)(1)) and unlawful possession of ammunition (Pen. Code, § 12316, subd. (b)(1)). Defendant also admitted that he had suffered one prior serious or violent strike conviction (Pen. Code, §§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)) and three prior prison terms (Pen. Code, § 667.5, subd. (b)). In return, defendant was sentenced to a total term of four years in state prison, with credit for time served. Defendant’s sole contention on appeal is that the *655 trial court erred in denying his suppression motion. (Pen. Code, § 1538.5.) We reject this contention and affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

Riverside Police Detective Kevin Townsend was assigned to the gang unit and had researched a probationer by the name of George Roussell. 2 Based on his research, Detective Townsend discovered that George Roussell was subject to standard Fourth Amendment probation search terms as a condition of his probation. Detective Townsend thereafter proceeded to determine where Roussell lived. This process was described by Detective…

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