People v. Orozco CA3

BACKGROUND FACTS

A. Prosecution’s Case 1. The Incident On October 23, 2019, at about 12:25 a.m., El Dorado County Sheriff’s Deputies Brian Shelton, Brian Ishmael, and Shawn Taroli (and his ride-along, San Joaquin County Sheriff Deputy Josh Tasabia) were dispatched to 4740 Sandridge Road in El Dorado County. The owner of the property, Christopher Ross, had reported seeing flashlights in his yard and believed people were trying to steal his marijuana plants. Ross’s heavily wooded, nine-acre rural property had a long gravel driveway that led to a house and some outbuildings. A path behind the house led to an above-ground pool dug into the hillside. Up a steep incline from the pool was a clearing, which contained approximately 100 marijuana plants. Further up the hillside, near the top of the ridge, was a tent, partially obscured by bushes and a fallen tree branch.

2 When the deputies arrived at the property, they initially converged at the bottom of the hill behind the house. Ross pointed out the path leading up the hill to the marijuana grow. Ross did not inform the deputies that two people—defendant and Ramiro Morales—were living in a tent on his property, having been…