P. v. Velazquez-Cordero CA1/3
A jury found defendant Daniel Velazquez-Cordero guilty of multiple counts of robbery and false imprisonment for his role in the armed robbery of a bank in Daly City. The evidence admitted at trial included cell phone records showing defendant’s location in Daly City at the time of the robbery. On appeal, defendant contends the trial court erred in admitting this location data evidence because it had been previously suppressed twice, and under Penal Code section 1538.5, subdivisions (j) and (p), the People could not relitigate the matter a third time. We find no error, as the second of the two rulings in question did not constitute a grant of a suppression motion within the meaning of section 1538.5. Accordingly, we affirm the judgment.
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