Durant

People v. Durant

Good Law
140 Cal. Rptr. 3d 103·2012 Cal. App. LEXIS 442·205 Cal. App. 4th 57·2012 WL 1354520
Court of Appeal of CaliforniaApril 19, 2012No. A131004California2,357 words

Opinion

Lead Opinion

Needham, J.

During a traffic stop for failure to signal a left turn, police discovered that appellant Anthony Leon Durant was carrying a loaded handgun despite his status as a convicted felon currently on probation. After the court denied his motion to suppress evidence under Penal Code section 1538.5, appellant pled no contest to a single count of firearm possession by a felon, admitted a prior conviction allegation under the “Three Strikes” law, and was placed on felony probation after the trial court struck the “strike.” (Pen. Code, former § 12021, subd. (a)(1); id., § 1170.12; People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ].) We affirm the judgment, rejecting appellant’s claim that the court should have granted his motion to suppress.

I. BACKGROUND

The following evidence was adduced at the suppression hearing:

II. STANDARD OF REVIEW

“The standard of appellate review of a trial court’s ruling on a motion to suppress is well established. We defer to the trial court’s factual findings, express or implied, where supported by substantial evidence. In determining whether, on the facts so found, the search or seizure was reasonable under…

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