P. v. Gomez
The Los Angeles County District Attorney charged Johan Gomez with possession of a firearm and ammunition by a felon (Pen. Code, 12021, subd. (a)(1), 12316, subd. (b)(1)).[1] The information further alleged that defendant had suffered prior convictions for grand theft ( 487, subd. (c)) and possession of ammunition by a felon ( 12316, subd. (b)(1)). Gomez moved to suppress the recovered firearm (a shotgun) and ammunition pursuant to section 1538.5.[2] At the hearing on the suppression motion, one of the arresting officers testified to the circumstances surrounding the recovery of the shotgun and ammunition. Gomez did not call any witnesses. At the conclusion of the hearing, the trial court granted the suppression motion. The People indicated they were unable to proceed without evidence of the shotgun and ammunition, and the trial court accordingly dismissed the charges against Gomez pursuant to section 1385.[3] The People timely appealed from the dismissal. On appeal, the People contend that the trial court committed reversible error by granting Gomezs suppression motion. Court agree, and reverse the trial courts ruling.
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