P. v. Fernandez
Filed 4/13/06 P. v. Fernandez CA1/1
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. EZEQUIEL FERNANDEZ, Defendant and Appellant. | A110775 (San Mateo County Super. Ct. No. SC57662) |
After the court denied a motion to suppress evidence, Ezequiel Fernandez pleaded no contest to one count of resisting a peace officer in the performance of his duties. (Pen. Code, § 69) and the remaining charges and enhancements were dismissed. The court sentenced defendant to the stipulated middle term of two years in state prison. Defendant filed a timely appeal, seeking review of the order denying his motion to suppress. We shall affirm.
Facts
In the evening of August 11, 2004, San Mateo Sheriff Detectives Robert Rangel, Hector Acosta, Russ Felder, and Paul Sheffield went to 3290 Rollison Road, #1, to conduct a probation search of defendant's brother, Javier Fernandez. They also intended to serve Javier with a trespassing notice warning him to stay away from another address approximately four miles away that was a known gang hangout. At the time of the search, Detective Rangel was aware that the 3200 block of Rolliston Road was a â€
