P. v. Trejo CA1/2
Albert Trejo was convicted following a jury trial of one count of first degree murder and being an ex-felon in possession of a firearm. On appeal, he contends (1) there was insufficient evidence of premeditation and deliberation to support his conviction of first degree murder; (2) a police officer’s testimony regarding the location of appellant’s cell phone at certain relevant times should have been excluded both because the method used to analyze location was unreliable and inadmissible, and because the officer was not qualified to make such a determination; (3) the trial court improperly denied his motion to suppress evidence taken from his cell phone without a warrant; and (4) the case should be remanded to give the court the opportunity to exercise its new discretion to strike a 25-year firearm enhancement.
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