P. v. Walker
In October 2012, plaintiff and appellant the People charged defendant and respondent Erwin Maurice Walker by first amended information with burglary (count 1 – Pen. Code, § 459),[1] receipt of stolen property (count 2 – § 496, subd. (a)), possession of burglary tools (count 3 – § 466), unlawful taking of a vehicle (count 4 – Veh. Code § 10851, subd. (a)), and receipt of a stolen vehicle (count 5 – § 496d, subd. (a)). The People additionally alleged defendant had suffered three prior strike convictions (§§ 667, subds. (c) & (e)(1) & 1170.12, subd. (c)(1)) and one prior prison term (§ 667.5, subd. (b)).
Defendant filed a motion to suppress evidence seized pertinent to counts 1 through 3, which the court granted. The People found they were unable to proceed and the court dismissed counts 1 through 3 on defendant’s motion.[2] The People appeal contending the court erroneously suppressed the relevant evidence pertaining to counts 1 through 3. We reverse.
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