Mathews

People v. Mathews

Good Law
16 Cal. App. 5th 601·2017 Cal. App. LEXIS 932·224 Cal. Rptr. 3d 469·2017 WL 4801523
Court of Appeal of CaliforniaOctober 25, 2017A146652California4,515 words

Opinion

lead Opinion

Humes, J.

*603 A jury convicted defendant Damari Mathews of second degree robbery and firearms offenses after he robbed the victim and shot himself as he was trying to escape, and the trial court sentenced him to 13 years in prison. On appeal, Mathews contends that the court erroneously (1) refused to suppress evidence obtained from the hospital where he was being treated, allegedly in violation of his Fourth Amendment rights; (2) denied his request for personnel information about two police witnesses under Pitchess v. Superior Court (1974) 11 Cal.3d 531 , 113 Cal.Rptr. 897 , 522 P.2d 305 ( Pitchess ); and (3) calculated his presentence credits.

In the published portion of this decision, we conclude that the trial court properly denied the motion to suppress based on the estoppel principle announced in People v. Watkins (2009) 170 Cal.App.4th 1403 , 89 Cal.Rptr.3d 135 ( Watkins ). We hold that when a defendant gives a false name to a police officer, and a record check of that name fails to reveal that the defendant is in fact subject to a probation search condition, the defendant is estopped from challenging the legality of an ensuing search or seizure that would have been authorized had…

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