Fernandez

People v. Fernandez

Bad Law
145 Cal. Rptr. 3d 51·2012 Cal. App. LEXIS 853·208 Cal. App. 4th 100·2012 WL 3105846
Court of Appeal of CaliforniaAugust 1, 2012No. B232277California8,953 words

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…

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