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The People v. Nicholas Dominguez

July 17, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
NICHOLAS DOMINGUEZ, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F07311)

The opinion of the court was delivered by: Robie , J.

P. v. Dominguez

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant, Nicholas Dominguez, pled no contest to being a felon in possession of a firearm and street terrorism. Sentenced to two years and eight months in state prison, defendant appeals claiming the magistrate erred in denying his motion to suppress. Finding no error, we affirm.

BACKGROUND

On October 31, 2010, Andrew Martin and Ryan Clouse were brought to the UC Davis Medical Center emergency room, both suffering from gunshot wounds. A witness reported that one of the victims was brought to the hospital in a "GMC Envoy type SUV." Monica Martin was identified as the person who drove the Envoy to the hospital that night. Riding along with Monica were Anthony Cain and Bobby Martin, both members of the Varrio Diamonds gang, and Lisa Malius.

Two law enforcement officers were at the hospital that night; one officer described the Envoy as a "tan GMC," the other described it as a "gold GMC," both noted the license plate No. was 5HQG990. A search of the Envoy was conducted and the officers found a ".357 revolver" and "some body armor" inside the vehicle. There was, however, no damage to the Envoy that was "consistent with th[e] car actually having been involved in a shooting that night." No one was arrested.

On November 3, 2010, another gang-related shooting took place on Thurman Way at approximately 11:20 a.m.. Twenty or twenty-five minutes later, there was a third gang-related shooting at 4881 Martin Luther King Boulevard.

At the shooting on Martin Luther King Boulevard, a "brown or gray" SUV pulled up to a house where people were gathered in the driveway.*fn1 Four Hispanic males were inside the vehicle; one of the passengers asked the people in the driveway where they were from, then fired approximately six rounds from "some sort of assault rifle" before "speeding off."

Ten minutes later another "gang-related event" occurred in close proximity to Martin Luther King Boulevard when a police officer attempted to stop a white BMW. Instead of stopping, the BMW fled; there was a "short pursuit," which ended with three Hispanic males being arrested. During the chase, a gun was tossed from the window of the BMW, another was found inside the BMW after the pursuit ended.

On November 5, 2010, Detective Donald Schumacher held a "briefing" with other police officers regarding these gang-related events. Police Officer Frank Reyes was present during the briefing. Detective Schumacher advised Officer Reyes to be on the lookout for a GMC Envoy, license plate No. 5HQG990. The vehicle was registered to "a Mr. Martin," who lived at 4421 38th Avenue. Believing the Envoy was "responsible or possibly responsible" for the shooting on Martin Luther King Boulevard, Detective Schumacher instructed Officer Reyes to stop the Envoy and impound the vehicle for an "evidentiary exam" if and when it was located. Officer Reyes, along with several other officers, set out to look for the Envoy, including surveillance at 4421 38th Avenue.

Shortly after surveillance began at the 38th Avenue residence, the Envoy was seen nearby by a plainclothes officer in an unmarked car. "Marked units," transporting a total of six police officers, then got into position to stop the vehicle. Identified as a "high risk stop," the marked units activated their emergency lights and surrounded the Envoy in a "fan" position. Weapons drawn, the officers asked defendant and Monica Martin to exit the vehicle. The officers determined defendant ...


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