P. v. Sosa
Filed
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION SEVEN
THE PEOPLE, Plaintiff and Respondent, v. HECTOR SOSA, Defendant and Appellant. | B188585 ( Super. |
APPEAL from a judgment of the Superior Court of Los Angeles County, Judith Champagne, Judge. Affirmed.
Linda Acaldo, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Robert F. Katz and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.
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In the course of a probation search of Gerardo Zepeda's apartment police discovered a firearm in the bedroom of defendant Hector Sosa, an ex-felon who shared the apartment with Zepeda. After the trial court denied Sosa's motion to suppress evidence of the gun under Penal Code section 1538.5[1] and to set aside the information under section 995 Sosa pled no contest to the charge of being a felon in possession of a firearm. His appeal is authorized by section 1538.5, subdivision (m). For the reasons explained below, we affirm.
FACTS
It is undisputed Sosa and Gerardo Zepeda lived in the same apartment and Zepeda was on probation at the time the police conducted their search. It is also undisputed the police justified the search of the apartment solely on the basis of a search condition allegedly contained in Zepeda's probation order.
At the hearing on Sosa's motion to suppress evidence LAPD officer Felipe Pardo testified he and his partner went to Zepeda's apartment â€
