Robinson

People v. Robinson

Good Law
145 Cal. Rptr. 3d 364·2012 Cal. App. LEXIS 863·208 Cal. App. 4th 232
Court of Appeal of CaliforniaAugust 7, 2012No. A126064California13,100 words

Opinion

Lead Opinion

Simons, J.

Carlos Robinson (defendant) appeals from the judgment entered following a jury trial that resulted in his conviction of assault on a peace officer with an assault weapon, possession of heroin for sale, being a felon in possession of a firearm and ammunition, and participation in a criminal street gang. The jury found true sentencing enhancements associated with various counts. On appeal, defendant contends the trial court erred in denying his motion to suppress evidence discovered following a warrantless entry into a residence. On October 28, 2011, this court filed a decision concluding denial of the suppression motion was proper under the independent source doctrine because, among other things, the police did not violate the Fourth Amendment to the United States Constitution by testing a key in the front door lock to the residence; therefore, the information gained by testing the key was properly considered in applying the doctrine. The Supreme Court granted defendant’s petition for review and transferred the matter to this court with directions to reconsider the cause in light of United States v. Jones (2012) 565 U.S. _ [ 181 L.Ed.2d 911 , 132 S.Ct. 945 ] (Jones).…

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