People v. Kane

Opinion

CARR, J.

A jury found defendant guilty of assault with a deadly weapon (Pen. Code, § 245, subd. (a)), 1 with attendant use of a firearm (§ 12022.5), discharging a firearm at an occupied motor vehicle (§ 246), and possession of a firearm as a convicted felon (§ 12021). Defendant admitted a prior serious felony conviction. (§ 667.) He appeals, contending (1) the failure to suppress certain evidence violated the rule of People v. Hitch (1974) 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361], and (2) he was improperly sentenced.

Factual and Procedural Background

On October 17, 1982, at…