P. v. Acevedo 10/3/12 CA2/1

State: California

Court: California Eastern District Court

Docket No: B220081

Case Date: 10/03/2012

Plaintiff: P.

Defendant: Acevedo 10/3/12 CA2/1

Preview:Filed 10/3/12

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, v. RUFINO ACEVEDO et al., Defendants and Appellants.

B220081 (Los Angeles County Super. Ct. No. BA302020)

APPEAL from a judgment of the Superior Court of Los Angeles County. Bob S. Bowers, Jr., Judge. Affirmed. Charles B. Holzhauer, under appointment by the Court of Appeal, for Defendant and Appellant, Rufino Acevedo. Law Offices of Richard G. Novak, Richard G. Novak and Iris Roe Lee for Defendant and Appellant, Steven Montes. Joseph T. Tavano, under appointment by the Court of Appeal, for Defendant and Appellant, Augustin Alvarez. Siri Shetty, under appointment by the Court of Appeal, for Defendant and Appellant, Omar Cruz. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, James William Bilderback II and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.
*

Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts B.3. and 4. of the Discussion.

The appellants were arrested on charges arising from seizures of over 350 kilograms of cocaine, 50 pounds of methamphetamine, 650 pounds of marijuana, firearms, and more than $1,200,000 in illegal proceeds, resulting from investigations involving court-authorized wiretaps. After being convicted on drug trafficking charges, they challenge the trial courts refusal to compel discovery of redacted and sealed portions of the documentation supporting the wiretap authorization orders, and its refusal to suppress the resulting wiretap and other evidence that led to their arrest. These rulings, they contend, violated their rights under state and federal law. We will affirm. STATEMENT OF THE CASE A 14-count information, filed October 31, 2008, charged appellants Rufino Acevedo, Steven Montes, Augustin Alvarez and Omar Cruz (and one other person not a party to this appeal) with some or all of the following crimes: conspiracy to commit possession and transportation of cocaine for sale (Pen. Code,

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