People v. Galindo CA5

Filed 4/7/23 P. v. Galindo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F0083606 Plaintiff and Respondent, (Super. Ct. No. F21902032) v.

JESUS GALINDO, JR., OPINION Defendant and Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Fresno County. Michael G. Idiart, Judge. J. M. Malik, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen, and Ross K. Naughton, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P. J., Detjen, J. and Meehan, J.

Defendant, Jesus Galindo, Jr., challenges his arrest, arguing it resulted from an illegal search and seizure. A recent opinion issued by the California Supreme Court resolves an issue raised by defendant in both this appeal and in a prior writ filed with this court on whether the use of a spotlight by an officer at night results in a detention triggering certain constitutional rights. Our review of the totality of the circumstances in this case in light of our Supreme Court’s recent opinion leads us to conclude the trial court’s denial of the motion to suppress is supported by the record. PROCEDURAL SUMMARY On March 9, 2021, a criminal complaint was filed charging defendant with unlawfully possessing a machine gun (Pen. Code, 1 § 32625, subd. (a), a felony; count 1), unlawfully possessing a concealed firearm in a vehicle (§ 25400, subd. (a)(1), a felony; count 2), and unlawfully carrying a loaded firearm in public (§ 25850, subd. (a), a felony; count 3). Special enhancements were also alleged for both counts 2 and 3 that the firearms at issue were stolen (§§ 25400, subd. (c)(2), 25850, subd. (c)(2)), and that defendant was not the registered owner of either weapon (§§ 25400, subd. (c)(6), 25850, subd. (c)(6)). On June 24, 2021, defendant filed a motion to suppress evidence pursuant to section 1538.5. A preliminary hearing was held on July 19, 2021, at which time defendant’s motion to suppress evidence was also heard. At the conclusion of the hearing, defendant was held to answer the allegations contained in the felony complaint, and his motion to suppress evidence was denied. An information was thereafter filed alleging the same three counts and enhancements. On August 19, 2021, defendant filed a motion to set aside the information, again arguing his arrest was the result of an illegal search and seizure. Following a hearing held on September 3, 2021, that motion was also denied. Defendant then filed a writ of