People v. Wilson CA2/6

Filed 10/6/20 P. v. Wilson CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B297979 (Super. Ct. No. BA470738) Plaintiff and Respondent, (Los Angeles County)

v.

DARRYL L. WILSON,

Defendant and Appellant.

Darryl L. Wilson appeals a judgment of conviction entered after he pleaded nolo contendere to first degree residential burglary and admitted that he suffered a prior serious felony and strike conviction. (Pen. Code, §§ 459, 667, subd. (a), 667, subds. (b)-(d), 1170.12, subds. (a)-(d).)1 He challenges the trial court’s order denying his motion to disclose a sealed search warrant affidavit, traverse and quash the search warrant, and suppress evidence. (People v. Hobbs (1994) 7 Cal.4th 948, 956.) Following

All statutory references are to the Penal Code unless 1

otherwise stated.

our independent review of the sealed search warrant affidavit and the search warrant, we affirm. FACTUAL AND PROCEDURAL HISTORY Pursuant to a sealed search warrant affidavit and search warrant, Torrance police officers placed a global positioning device (GPS) on a white Jeep Renegade. In the evening of August 21, 2018, police officers followed the Jeep as its occupants drove slowly through neighborhoods. The Jeep stopped on Ogden Drive and its two male occupants entered the Frank residence. Shortly thereafter, the men left the residence and returned to the Jeep and drove off immediately. A police officer checked the residence and found it had been ransacked. Police officers then effected a traffic stop on the Jeep. Wilson was the front seat passenger; he falsely identified himself to the officers. The driver of the Jeep was its female owner. The officers also found Frank’s personal belongings inside the vehicle. On August 23, 2018, the Los Angeles County prosecutor charged Wilson with first degree residential burglary, and false personation. (§§ 459, 529, subd. (a)(3).) The prosecutor also alleged that Wilson suffered two prior serious felony and strike convictions, and served two prior prison terms. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d), 667, subd. (a), 667.5, subd. (b).) Wilson later filed a motion to unseal, quash, and traverse the search warrant and to suppress evidence for lack of probable cause pursuant to the Fourth and Fourteenth Amendments and People v. Hobbs, supra, 7 Cal.4th 948, 956. He also requested that the trial court review the sealed search warrant affidavit in camera. On February 23, 2015, the trial court held an in camera hearing outside Wilson's presence, during which it reviewed the