People v. Martin CA3

Filed 2/9/24 P. v. Martin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C098123

Plaintiff and Respondent, (Super. Ct. No. STKCRFE20220010036) v.

D ANDRE ANTHONY MARTIN,

Defendant and Appellant.

Defendant D Andre Anthony Martin appeals from denial of a motion to suppress a search that found a firearm and ammunition. We will affirm. I. BACKGROUND Defendant filed a motion under Penal Code section 1538.51 to suppress evidence obtained in a search, to wit, bullets and handgun parts found in a roller bag in the trunk of

1 Undesignated statutory references are to the Penal Code.

1

a red Honda Civic. In his moving papers, defendant argued that to justify a warrantless search “may require the People to comply with Harvey, Remers-Madden case law.”2 The People filed an opposition. On November 15, 2022, the trial court conducted a hearing on the motion to suppress in conjunction with the preliminary hearing. The following recitation of the facts is based on testimony at the hearing by Stockton Police Detective Jeremy Coppock and Stockton Police Officers Nicholas Fogal and Robert Louis Johnson. At approximately 2:09 a.m. on October 10, 2022, Detective Coppock responded to a report of a person with a gun. When he got to the area, nothing stood out, so he parked in a McDonald’s parking lot. Shortly after, defendant and a Hispanic male walked up to a red Honda Civic. The Honda was separated from Detective Coppock’s car by another unmarked police car. Detective Coppock noticed the Honda because these two individuals entered the car near him late at night in a high-crime area. Defendant was wearing a red hooded sweatshirt with white writing on the front. Defendant entered the driver’s side door. After a few minutes, the two men left the Honda, came back, and entered the car again. When they approached the car the second time, defendant was holding his waistband as if there was something in it. Detective Coppock was about to leave the parking lot because the two men were moving close by when he decided to search the license plate number of the car on his police e-mail. He reviewed an e-mail from another detective stating that the car was associated with an attempted murder that occurred sometime before August 20, 2022. A tall male with a dark complexion and average build wearing a red hooded sweatshirt with white writing on the front was a person of interest. Detective Coppock was not involved in that investigation and did not know how this information was obtained.