PEOPLE v. OSCAR RAMIREZ,

Filed 6/21/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig E. Veals, Judge. Reversed and remanded with directions.

Derek K. Kowata, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lawrence M. Daniels and Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.

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Oscar Ramirez was charged with carrying a concealed firearm (count 1) and carrying a loaded and unregistered firearm (count 2), with allegations that the offenses were committed for the benefit of a criminal street gang. (Pen. Code, §§ 12025, subd. (a)(2), 12031, subd. (a)(1), 186.22, subd. (b)(1)(A).) Ramirez moved unsuccessfully to suppress evidence (the firearm), and he then entered a no contest plea to Count 1 and admitted the gang enhancement. Count 2 was dismissed and probation was granted. Ramirez appeals, claiming the officer lacked probable cause to stop him and that his suppression motion should have been granted. We agree and therefore reverse the judgment.

DISCUSSION

A.

As a police officer watched from his patrol car, Ramirez crossed diagonally at the intersection of Blackwelder and Cloverdale, walking toward the patrol car as it approached the intersection and then stopped at a stop sign. From previous contacts, the officer knew Ramirez (who had been the victim of a shooting) and knew he lived on a corner of the intersection he was crossing. The officer concluded that Ramirez was a â€