P.

P. v. Hatcher CA2/5

Good Law
Court of Appeal of CaliforniaApril 30, 2013B238472California5,854 words

Opinion

Opinion

I. INTRODUCTION

On March 18, 2007, defendant, Brian Hatcher, shot and killed Derel Smith. The two men had a history of feuding and defendant had previously threatened to shoot Mr. Smith. An eyewitness identified defendant as the assailant. Defendant admitted shooting Mr. Smith but claimed he acted in self-defense. The jury convicted defendant of first degree murder by intentionally discharging a firearm from a motor vehicle with the intent to inflict death. (Pen. Code,1 §§ 187, subd. (a), 189, 190.2, subd. (a)(21).) Defendant was sentenced to life without the possibility of parole with a consecutive 25-years-to-life term. We affirm the judgment.

II. DISCUSSION

A. The Suppression Motion

The murder weapon was found in the attic of a home on Still Meadow Lane in Lancaster. In a pretrial motion under Evidence Code section 1538.5, defendant moved to suppress the firearm. The trial court found defendant had no reasonable expectation of privacy in the place searched; therefore, he could not object to the seizure. We conclude the trial court properly denied the suppression motion. We evaluate defendant‘s search and seizure challenge under the Fourth Amendment to the United States…

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