Rangel
People v. Rangel
Opinion
Lead Opinion
Needham, J.
Appellant Erik Rangel pled no contest to aggravated assault and active participation in a criminal street gang, and admitted a great bodily injury allegation in connection with the assault count. (Pen. Code, §§ 245, subd. (a)(1), 186.22, subd. (a), & former § 12022.7, subd. (a).) 1 He argues that the charges stemmed from a search of the text messages in his cell phone, the search was unlawful because it was outside the scope of a warrant and his consent, and his motion to suppress under section 1538.5 should have been granted. We conclude that the phone was seized and searched under a valid warrant and that the motion was properly denied, regardless of the scope of his consent.
I. BACKGROUND
The district attorney filed an information charging appellant with attempted murder, aggravated assault, battery causing serious bodily injury, and active participation in a criminal street gang, along with various allegations for weapon use and the infliction of great bodily injury. (§§ 664, 187, 245, subd. (a)(1), 243, subd. (d), 186.22, subd. (a), & former §§ 12022, *1313 subd. (b)(1), 2 12022.7, subd. (a).) Appellant filed a motion to suppress evidence of text messages found on…