People v. Brown CA4/1

California Court of Appeal Dec 20, 2013 No. D063111Unpublished

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Holding. The court affirmed the judgment of conviction, finding no reasonably arguable appellate issues after conducting an independent review of the record pursuant to People v. Wende and Anders v. California.

Issues

Was Brown seized for Fourth Amendment purposes when officers initially contacted him?
Did the officers have reasonable suspicion to seize or contact Brown?
Did the trial court err in its credibility determinations regarding the witnesses at the suppression hearing?

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The trial court found Hoskins's testimony more credible than that of Rios and Brown, found the officers' conduct was reasonable and consistent with the Fourth Amendment, and denied the defense motion to suppress evidence.”

“A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues.”

Filed 12/20/13 P. v. Brown CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063111

Plaintiff and Respondent,

v. (Super. Ct. No. SCD241439)

JASON JEREMY BROWN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Jay M.

Bloom and Eugenia A. Eyherabide, Judges. Affirmed.

Heather L. Beugen, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Jason Jeremy Brown appeals a judgment following his guilty plea to one count of

possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11377,

subd. (a)).

FACTUAL AND PROCEDURAL BACKGROUND

Before trial, Brown filed a Penal Code section 1538.5 motion to suppress

evidence. At the evidentiary hearing on that motion, San Diego Police Officer Terry

Hoskins testified regarding the events leading to Brown's arrest and discovery of the

methamphetamine. At about 4:40 a.m. on June 14, 2012, Hoskins and his partner,

People v. Brown CA4/1

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COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063111

JASON JEREMY BROWN,

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

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