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PEOPLE v. RIVERA

No. D044103.

67 Cal.Rptr.3d 19 (2007)

156 Cal.App.4th 60

The PEOPLE, Plaintiff and Respondent, v. Juan RIVERA, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division One.

October 4, 2007.

Attorney(s) appearing for the Case

Steven J. Carroll, Public Defender, Matthew Braner and Cynthia Grimm, Deputy Public Defender, San Diego, CA, for Defendant and Appellant.

Edmund G. Brown, Jr., Atty. Gen., Dane R. Gillette, Chief Asst. Atty. Gen., Gary W. Schons, Senior Asst. Atty. Gen., Steve Oetting and Felicity Senoski, Deputy Attys. Gen., for Plaintiff and Respondent.

McCONNELL, P.J.

After the trial court denied a motion to suppress evidence (Pen.Code, § 1538.5), Juan Rivera entered a negotiated guilty plea to carrying a concealed dirk or dagger (Pen.Code, § 12020, subd. (a)(4)). The court sentenced him to prison for the two-year middle term. Rivera contends the trial court erred in denying his motion to suppress.

In our original opinion, a majority reversed the...

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