Pantoja

Filed 3/24/22; Certified for Publication 4/13/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Appellant,

A162591

v. JUAN PANTOJA, (Solano County Super. Ct. No. FCR349721) Defendant and Respondent.

Defendant Juan Pantoja filed a motion to suppress evidence of a firearm found on his person when he was patted down during a traffic stop. The trial court granted defendant’s motion and then dismissed the case. The District Attorney appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In January 2020, the Solano County District Attorney filed a one-count felony complaint charging defendant with possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)). The next month, defendant filed a motion to suppress evidence gathered on January 3, 2020 (§ 1538.5), arguing the evidence was obtained as the result of an unreasonably prolonged detention and illegal search.

Further undesignated statutory references are to the Penal Code.

1 Hearing on Defendant’s Suppression Motion and Preliminary Examination On April 12, 2021, the magistrate heard…