California Court of Appeal

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People v. Coleman, A134124

Conviction and sentence of defendant for possession of cocaine base for sale, and order requiring defendant to pay a drug program fee and attorney fees, is: 1) affirmed with respect to the court's denial of defendant's motion to suppress, where the warrant check did not convert the encounter into a detention (the warrant check took three minutes and the officer's questions did not relate to specific or identifiable criminal activity); 2) affirmed with respect to defendant's motion for an order requiring the prosecution to run the arresting officer's rap sheet, where the prosecution has no obligation to run a police officer's rap sheet; and 3) reversed in part, where the court erred by delegating to the probation department the analysis of defendant's ability to pay the drug program fee, and where there was insufficient evidence before the trial court of defendant's present ability to pay attorney fees.

Appellate Information

  • Decided 10/28/2014
  • Published 10/28/2014

Judges

  • Jones

Court

  • California Court of Appeal

Counsel