People v. Prentice CA3

Filed 2/17/21 P. v. Prentice CA3

NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C091034

Plaintiff and Respondent, (Super. Ct. No. 18FE024229)

v.

DANTE PRENTICE,

Defendant and Appellant.

After the preliminary hearing and the magistrate’s denial of his motion to suppress evidence, defendant Dante Prentice pleaded no contest to one count of possession of a firearm by a felon and admitted one strike prior as well as a gang enhancement allegation. The trial court sentenced defendant to an aggregate term of seven years in state prison. Defendant appeals from the denial of his motion to suppress evidence. The People contend we must dismiss defendant’s appeal because he did not preserve his right to

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appeal by renewing his motion to suppress in the superior court after the preliminary hearing. We agree and shall dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1)).1 It was further alleged he committed the charged offense for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). It was also alleged that defendant had previously been convicted of two serious and/or violent felonies, that is, strikes (§§ 667, subds. (b)-(i), 1170.12). Defendant entered a plea of not guilty and denied the enhancements. Prior to the preliminary hearing, defendant moved to suppress evidence discovered in a warrantless search pursuant to section 1538.5. The detectives who conducted the search testified at the hearing on the motion to suppress evidence before a judge sitting as a magistrate for the preliminary hearing. On the evening of December 18, 2018, Detective Brandon Gayman, who is assigned to the north gang suppression unit, went to the area of Howe Avenue and Edison Avenue. Detective Gayman was familiar with this area and knew it is associated with the Trigga Mob. Trigga Mob is an affiliate of G-MOBB. During this time, there was an ongoing conflict between G-MOBB and its affiliates and the Oak Park Bloods and its affiliates. Detective Gayman testified that earlier in the day, he had “received information that there was a stolen vehicle around the area of Edison and Truax, which is about half a block from Edison and Howe, and information that the subject of that vehicle was armed” with a firearm. The suspect was allegedly associated with Trigga Mob. At the intersection of Howe Avenue and Edison Avenue, Detective Gayman saw a gold Ford Taurus driving through the intersection and noticed that the vehicle’s