P. v. Fech
Filed 5/31/06 P. v. Fech CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 Appellant, v. KEITH BRIAN FECH et al., Defendants and Respondents. | G035364 (Super. Ct. No. 04NF1614) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Patrick Donahue, Judge. Reversed.
Tony Rackauckas, District Attorney, and Brian N. Gurwitz, Deputy District Attorney, for Plaintiff and Appellant.
Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and Respondent Keith Brian Fech.
Kristin A. Erickson, under appointment by the Court of Appeal, for Defendant and Respondent Michael Dewayne Armes.
Allison H. Ting, under appointment by the Court of Appeal, for Defendant and Respondent Chrystal Lee Uebell.
The district attorney appeals from a ruling on a Penal Code[1] section 995 motion that dismissed one count of an information against Keith Brian Fech, Michael Dewayne Armes, and Chrystal Lee Uebell.[2] The charge was kidnaping to commit robbery. The district attorney argues the evidence was sufficient to show probable cause the defendants committed the offense. We agree and reverse.
* * *
In the early morning of April 12, 2004, Christopher DiPasquale was introduced to Uebell by an acquaintance. All three went to DiPasquale's house in Santa Clarita, where DiPasquale offered his guests methamphetamine. Uebell wanted to pick up some clothing in Anaheim, so the trio drove there, Uebell riding with the acquaintance and DiPasquale following. The caravan stopped at a house in Anaheim, where Uebell spoke to someone. Fech came out and told DiPasquale to take Uebell in his truck and follow Fech. They drove to an apartment complex, where Uebell guided DiPasquale to a garage behind the apartments. Armes came out, invited DiPasquale in, and all entered the garage.
Once inside, someone asked about methamphetamine and DiPasquale pulled two grams out of his pocket. But then, Fech knocked DiPasquale to the ground and Armes held a hammer over him, saying â€
