Rangel

People v. Rangel

Good Law
142 Cal. Rptr. 3d 728·2012 Cal. App. LEXIS 694·206 Cal. App. 4th 1310·2012 WL 2149779
Court of Appeal of CaliforniaJune 14, 2012No. A132664California2,569 words

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…

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