P. v. Rios 3/16/11 CA5

State: California

Court: California Eastern District Court

Docket No: F059673

Case Date: 03/16/2011

Plaintiff: P.

Defendant: Rios 3/16/11 CA5

Preview:Filed 3/16/11

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F059673 Plaintiff and Respondent, (Super. Ct. No. MF007940A) v. FLORENCIO RIOS, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Kern County. Stephen P. Gildner and Jerold L. Turner, Judges. Peggy A. Headley, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Peter W. Thompson, Deputy Attorneys General, for Plaintiff and Respondent.

*

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II of the Discussion.

Judge Gildner heard the suppression motion brought pursuant to Penal Code section 1538.5; Judge Turner imposed sentence.

Following denial of his suppression motion (Pen. Code,1

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