People v. Cartwright

Filed 1/25/24

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080606

Plaintiff and Respondent,

v. (Super. Ct. No. SCD279043)

KEVIN EUGENE CARTWRIGHT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Frederick L. Link and Eugenia Eyherabide, Judges. Affirmed. Thomas E. Robertson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Eric A. Swenson, Junichi Semistu and Felicity Senoski, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Kevin Eugene Cartwright of first degree murder with

special circumstances (Pen. Code,1 §§ 187, subd. (a), 190.2, subd. (a)(17)), robbery (§ 211), burglary (§ 459), being a felon in possession of a firearm (§ 29800, subd. (a)(1)), and being a prohibited person owning or possessing ammunition (§ 30305, subd. (a)(1)). Cartwright admitted to eight strike priors and received a sentence consisting of an indeterminate prison term of life without the possibility of parole plus 50 years to life, and a determinate prison term of 20 years four months. The sole issue on appeal is whether the trial court erred in denying Cartwright’s motion to suppress video footage from the City of San Diego’s (City) “City IQ” streetlight camera program and evidence derived from that footage. We conclude that it did not and affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

In the early morning on October 9, 2018, Cartwright entered an adult- content store and theater in San Diego with a firearm drawn, directed the cashier to open the register, and stole the money it contained. When he was unsuccessful in restraining the cashier with zip ties, Cartwright sent him into the theater room. There, the cashier opened the emergency exit, ushered customers outside, and called the police.