P. v. Lopez
Defendant appeals from the judgment entered following his convictions by jury on count 1 - kidnapping to commit robbery (Pen. Code, 209, subd. (b)(1)), count 2 kidnapping for carjacking (Pen. Code, 209.5, subd. (a)), and count 3 second degree robbery (Pen. Code, 211) with, as to each offense, firearm use (Pen. Code, 12022.5, subd. (a), 12022.53, subd. (b)), on count 4 assault with a firearm (Pen. Code, 245, subd. (a)(2)) with firearm use (Pen. Code, 12022.5, subd. (a)), and count 5 - criminal threats (Pen. Code, 422) with firearm use (Pen. Code, 12022.5, subd. (a)), following the denial of a suppression motion (Pen. Code, 1538.5). The court sentenced appellant to prison for life with the possibility of parole, plus 10 years.
Court conclude the trial court properly denied appellants suppression motion. A detective aware of specific facts providing a reasonable basis to detain suspects in this case prepared a bulletin containing those facts. An undercover officer who saw the bulletin, and later saw appellant and others, believed appellant and the others matched the description of the suspects. That officer caused a third patrol officer to allegedly detain appellant. However, even if appellant was detained, the detention was lawfully based on the bulletin, the undercover officers observations, and the third patrol officers detention of appellant shortly after the undercover officer saw him.
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