People v. Vui CA2/6

Filed 9/19/24 P. v. Vui CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B331873 (Super. Ct. No. 2023002342) Plaintiff and Appellant, (Ventura County)

v.

SETA VUI,

Defendant and Respondent.

The Ventura County District Attorney appeals from the trial court’s order granting Seta Vui’s renewed motion to suppress evidence (Pen. Code,1 § 1538.5, subd. (i)) and dismissing counts for unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)) and receiving stolen property (§ 496d, subd. (a)) pursuant to section 995, subdivision (a)(2)).2 The district

1 Unlabeled statutory references are to the Penal Code.

2 The district attorney dismissed four additional charges against Vui. Those charges are not at issue in this appeal.

attorney contends the suppressed evidence would have been inevitably discovered. We agree, and reverse. FACTUAL AND PROCEDURAL HISTORY The alleged underlying crimes In January 2023, a Ventura woman reported her white Honda Civic stolen. The prior night, the woman had encountered an intruder in her home. The keys to her Honda were taken, and the car was gone the next morning. A few days later, a Somis farmworker saw an intruder on the farm’s video surveillance system. She called police while a supervisor went to investigate. The supervisor contacted the intruder—later determined to be Vui—who said that he was waiting for a friend to bring him some gasoline. There was a white car parked nearby. Ventura County Sheriff’s Deputy Juan Guerrero was dispatched to the farm. When he arrived, he saw Vui and a white Honda. Guerrero parked his patrol vehicle, walked toward Vui, and told Vui to stop. Vui did not. Guerrero caught up to him and told him he was being detained. Vui was uncooperative and attempted to pull away from Guerrero. He tensed his arms and would not allow them to be placed behind his back. Two other deputies arrived on scene and helped Guerrero handcuff Vui. Guerrero then conducted a patdown search and found a key fob in Vui’s pocket. He later pressed a button on the fob, which unlocked the nearby Honda. A few minutes later, another deputy ran a records check on the Honda and learned that it had been reported stolen. Guerrero arrested Vui for vehicular theft. He undertook an inventory search of the Honda and found Vui’s identification inside.