P. v. Duggs
This appeal arises from a felony conviction following a plea of no contest by defendant Kimberly Monique Duggs[1] to driving under the influence of alcohol with a blood alcohol level of .08 percent or greater. Prior to entry of the plea, defendant made a motion to suppress pursuant to Penal Code section 1538.5,[2] which was denied by the magistrate. Her renewed motion to suppress was denied by the trial court.
Defendant challenges the conviction entered on her no contest plea, contending that it was based upon an illegal traffic stop. She also contends that a probation condition concerning firearms imposed by the court is unconstitutional. For the reasons below, we conclude that the traffic stop was lawful and the court below properly denied defendants suppression motion. We hold further that the probation condition must be modified to proscribe only knowing possession, receipt, or transportation of firearms, ammunition, or other deadly weapons. As modified, Court affirm the judgment of the trial court.
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