P. Colton
Filed 5/8/06 P. Colton CA4/3
Reposted to provide correct signatures and conc. opn.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. ROBERT COLTON, Defendant and Appellant. | G035237 (Super. Ct. No. 03NF2960) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett and James Patrick Marion, Judges. Reversed with directions.
Laura S. Kelly, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, David Delgado-Rucci, Kelley Johnson and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.
An information charged Robert Colton with possession of methamphetamine for sale (Health & Saf. Code, § 11378) and possession of marijuana for sale (Health & Saf. Code, § 11359), and further alleged he was armed with a firearm (Pen. Code, § 12022, subd. (c).) The jury convicted him of both charges and found true the firearm allegation. The court sentenced Colton to three years in prison for the methamphetamine charge, a concurrent two year term for the marijuana count, and struck the firearm enhancement for sentencing purposes.
On appeal Colton contends the police illegally detained him, and the court erroneously denied his suppression motion. He also asserts the court abused its discretion by denying him probation. We agree Colton was illegally detained and therefore reverse the judgment.
FACTS
Prior to trial, Colton moved under Penal Code section 1538.5 to suppress all evidence seized during an allegedly â€