PEOPLE v. JACKSON
THE PEOPLE, Plaintiff and Respondent,
AREN MARCUS JACKSON, Defendant and Appellant.
Court of Appeals of California, Second District, Division Eight.
Filed October 18, 2011.
Marilee Marshall, under appointment by the Court of Appeal, for Defendant and Appellant.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
Defendant and appellant Aren Marcus Jackson appeals from the judgment of conviction entered following his no contest plea to multiple felony charges, asserting as error the trial court's denial of his motion to suppress evidence pursuant to Penal Code section 1538.5.1 We affirm, concluding the search of defendant's residence met constitutional standards in light of defendant's parole status and was not otherwise arbitrary, capricious or harassing.FACTUAL AND PROCEDURAL BACKGROUND
In September 2007, defendant was on active parole, residing with his wife, Tia Torres, on a multiple-acre, rural property located on Anthony Road in Agua Dulce, California. His parole agent was Larry Dorsey. On the morning of September 6, Agent Dorsey accompanied several Los Angeles County deputy sheriffs to conduct a parole search of defendant's residence.
Based on evidence recovered during the search, an information was filed against defendant, charging him with 11 felonies: one count of second degree burglary of a vehicle (§ 459); one count of unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)); one count of receiving stolen property, vehicle (§ 496d, subd. (a)); three counts of receiving stolen property (§ 496, subd. (a)); one count of grand theft of personal property (§ 487, subd. (a)); and four counts of theft, access cards/account information (§ 484e, subd. (d)). It was also specially alleged that defendant had suffered two prior convictions for serious or violent felonies (attempted murder of two peace officers) within the meaning of California's "Three Strikes" law (§§ 1170.12, subd. (a), 667, subd. (b)), as well as five prior convictions within the meaning of section 667.5.2 Defendant entered a plea of not guilty to all charges.
Defendant filed a motion to suppress the evidence collected during the September 6, 2007 search. We summarize the pertinent facts based on the testimony received during the hearing on the motion, which took place over a period of days and included testimony from multiple witnesses.