P. v. Avila

Filed 4/12/06 P. v. Avila CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

APPEAL from a judgment of the Superior Court of Los Angeles County. John Fisher, Judge. Affirmed.

Andrew Reed Flier for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Dawn S. Mortazavi, Deputy Attorneys General, for Plaintiff and Respondent.

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What began as a routine investigation of a car parked in a motel parking lot escalated into a deadly exchange of gunfire, which left two policemen wounded, one mortally, and the driver of the car dead. A passenger in the car fled the scene. Finding defendant's cell phone in the car, the police obtained a search warrant to search defendant's residence for guns and ammunition involved in the shooting, as well as evidence of the identity of the passenger. The evidence uncovered during the execution of the warrant resulted in the filing of an information charging defendant with sale or transportation of marijuana in violation of Health and Safety Code section 11360, subdivision (a) and two counts of having a concealed firearm in a vehicle in violation of Penal Code section 12025, subdivision (a)(1). Defendant moved to suppress the evidence pursuant to Penal Code section 1538.5, arguing the affidavit in support of the search warrant failed to establish probable cause and the affidavit contained a material omission. The trial court reviewed the affidavit, considered the arguments of counsel, and denied the motion. Pursuant to a case settlement agreement, defendant entered a plea of no contest to sale or transportation of marijuana, the two counts of having a concealed firearm in a vehicle were dismissed, and defendant was placed on felony probation. Defendant contends in this appeal that the affidavit in support of the warrant lacked probable cause and contained a material omission. We affirm.

DISCUSSION

Probable Cause Supported The Issuance Of The Search Warrant

Standard of Review

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