P. v. Lyons
Filed 7/10/06 P. v. Lyons CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. RAYSHAWN LYONS, Defendant and Appellant. |
F048778
(Super. Ct. No. BF110122B)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Charles P. McNutt, Judge.
Robert F. Kane, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Janis Shank McLean and Barton Bowers, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
On July 22, 2005, appellant Rayshawn Lyons pled no contest, pursuant to a negotiated plea bargain, to carrying a loaded firearm (Pen. Code, § 12031, subd. (a)(2)(F) (count 1))[1] and resisting or delaying a peace officer (§ 148, subd. (a)(1) (count 3)).[2] The trial court suspended criminal proceedings and granted three years of probation upon specific terms and conditions. The court ordered Lyons to serve the first 120 days in county jail on count 1 and a concurrent 120 days in jail on count 3. The court granted applicable custody credits, imposed a restitution fine, and ordered Lyons to pay the court security fee and the cost of the probation report. On appeal, Lyons contends the court erred in denying his suppression motion, which he made after the preliminary hearing was held and information filed.
FACTS
As Lyons challenges only the denial of his suppression motion, we discuss only the evidence presented at the special hearing on the motion.[3]
On April 22, 2005, at 5:20 p.m., City of Bakersfield Police Officer Ryan Paslay was driving his police car with his partner as a passenger when they pulled into the parking lot of the Stop and Shop Market on East Brundage. Two men, Christopher Smith and Alec Thompson, ran up to the officers at a complete sprint from the back of the store and said they â€
