Neal

People v. Neal

Good Law
240 Cal. Rptr. 3d 629·29 Cal. App. 5th 820
Court of Appeal of CaliforniaNovember 30, 2018A153101California3,753 words

Opinion

Lead Opinion

Kline, J.

*821 Appellant John David Neal (appellant) appeals from a judgment convicting him of possession of a firearm by an ex-felon ( Pen. Code, § 29800, subd. (a)(1) ), 1 claiming evidence regarding firearms taken from his home by the police should have been suppressed as the fruit of an unconstitutional warrantless search. Appellant also contends that the probation supervision fee he was ordered to pay was improperly imposed by the trial court without any determination of his ability to pay it.

*822 We shall reject the first claim but find that the second is meritorious.

THE FACTS

After the jury was selected, trial was completed in a single day. Antioch Police Officer Randall Gragg was the sole witness for the People and appellant the sole defense witness.

Officer Gragg testified that on the evening of December 22, 2014, he and his field training officer, Corporal Shawn Morin, were informed by radio that a man at the Antioch Marina was acting in a possibly suicidal manner. When they arrived at the marina, Officer Gragg observed appellant talking to Antioch Police Sergeant Schnitzius. Appellant told Schnitzius he was previously in the military and had been a police officer and…

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