PEOPLE v. COLBERT

No. H031479.

68 Cal.Rptr.3d 912 (2007)

157 Cal.App.4th 1068

The PEOPLE, Plaintiff and Respondent, v. Mark Anthony COLBERT, Defendant and Appellant.

Court of Appeal of California, Sixth District.

December 11, 2007.


Attorney(s) appearing for the Case

Paul Starrett, Under Appointment by the Sixth District Appellate Program, for Appellant.

Edmund G. Brown Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Donna M. Provenzano, Deputy Attorney General, for Respondent.


MIHARA, Acting P.J.

A tree-shaped air freshener was hanging from the rear view mirror of defendant's car. A police officer saw the hanging object, concluded that it was obstructing defendant's view through the front windshield in violation of Vehicle Code section 26708, subdivision (a)(2), and detained defendant's vehicle. Defendant asserts that the officer lacked an objective basis for concluding that the air freshener...

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