Fernandez
People v. Fernandez
Opinion
Lead Opinion
Suzukawa, J.
A jury convicted defendant Walter Fernandez of second degree robbery (Pen. Code, § 211) (count l) 1 and willful infliction of corporal injury on a spouse, cohabitant, or child’s parent (§ 273.5, subd. (a)) (count 2); as to count 1, the jury further found that (1) in the commission of the offense, the defendant personally used a dangerous and deadly weapon, to wit, a knife, within the meaning of section 12022, subdivision (b)(1); and (2) the offense was committed for the benefit of, at the direction of, or in association with a criminal street gang, within the meaning of section 186.22, subdivision (b)(1). Defendant pled nolo contendere to possession of a firearm by a felon (§ 12021, subd. (a)(1)) 2 (count 3), short-barreled shotgun or rifle activity (§ 12020, subd. (a)(1)) 3 (count 4), and possession of ammunition (§ 12316, subd. (b)(1)) 4 (count 5). The trial court imposed a sentence of 14 years.
In this appeal from the judgment, defendant contends (1) the trial court erred in denying his motion to suppress evidence seized during a warrantless search of his apartment; (2) the trial court abused its discretion by admitting evidence that a suspect was arrested for…