P. v. Robinson 10/28/11 CA1/5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: A126064

Case Date: 02/15/2012

Preview:Filed 10/28/11 (received from court 11/1/11)

CERTIFIED FOR PARTIAL PUBLICATION*
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

THE PEOPLE, Plaintiff and Appellant, v. CARLOS ROBINSON, Defendant and Appellant. (Contra Costa County Super. Ct. No. 05-050746-7) A126064

Carlos Robinson (defendant) appeals from the judgment entered following a jury trial that resulted in his conviction of assault on a peace officer with an assault weapon, possession of heroin for sale, being a felon in possession of a firearm and ammunition, and participation in a criminal street gang. The jury found true sentencing enhancements associated with various counts. On appeal, defendant contends the trial court erred in denying his motion to suppress evidence discovered following a warrantless entry into a residence. We conclude denial of the motion was proper under the independent source doctrine. Among other things, we conclude the police did not violate the Fourth Amendment of the United States Constitution by testing a key in the front door lock to the residence; the information gained by testing the key is, therefore, properly considered in applying the independent source doctrine. We also reject defendants contentions that the trial court erred in failing to instruct the jury on the offense of brandishing a firearm in the presence of a peace officer as a lesser included offense to the assault charge, that
*

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts I.B., I.C., II., III., and V. 1

gang enhancement findings are not supported by substantial evidence, and that the trial court committed error under Penal Code section 654. The People cross-appeal, contending the trial court erred in staying an enhancement to the assault charge for commission of a violent felony for the benefit of a criminal street gang (Pen. Code,

Download P. v. Robinson 10/28/11 CA1/5.pdf