P. v. Avalos
After his motion to suppress evidence was denied, appellant Robert Avalos pleaded nolo contendere to one count of having a concealed firearm in a motor vehicle in violation of Penal Code section 12025, subdivision (a)(1). Because of a prior conviction within the meaning of the three strikes law, the trial court doubled appellants midterm sentence of two years and sentenced him to four years in state prison.
Appellant appeals on the grounds that: (1) the trial court committed reversible error when it denied his motion to suppress evidence based on an erroneous finding that appellant lacked standing to challenge the search, and (2) the California Supreme Court wrongly decided People v. Brendlin (2006) 38 Cal.4th 1107 (Brendlin) when it held that passengers in a car pulled over by police are not seized. Court affirm.
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