P.
P. v. Kimmons CA1/1
Opinion
Opinion
I. BACKGROUND
Defendant was charged by information with assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1); count I), resisting a peace officer causing serious bodily injury (§ 148.10, subd. (a); count II), three counts of resisting an executive officer with threats
1 All statutory references are to the Penal Code. and violence (§ 69; counts III–V), and six counts of misdemeanor obstructing a police officer (§ 148, subd. (a)(1); counts VI–XI). The information alleged defendant inflicted great bodily injury during the commission of count III. (§ 12022.7, subd. (a).) The information further alleged defendant had suffered a prior felony conviction pursuant to sections 667, subdivisions (a)(1), (d), and (e), and 1170.12, subdivisions (b) and (c). Defendant filed a section 995 motion to set aside counts I–V and IX–X, and a motion to suppress under section 1538.5. The section 1538.5 motion sought suppression of (1) all statements defendant made during and following his assertedly unlawful arrest; (2) any items seized from defendant, including a pocketknife; and (3) any other evidence, whether tangible or intangible, that arose from the warrantless arrest and search and…