The People v. Landa CA1/2

BACKGROUND

On May 1, 2012, a felony complaint was filed charging Wolfe and Rogers in count 1 with the sale or transportation of marijuana (Health & Saf. Code, § 11360, subd. (a)), and charging Wolfe, Rogers, and Landa in count 2 with possession of marijuana for sale (Health & Saf. Code, § 11359). The complaint also alleged a prior-prison-term

1 enhancement against each defendant (Pen. Code, § 667.5, subd. (b)). Subsequently, on June 7, 2012, the complaint was amended to add a third charge of conspiracy to sell marijuana (Pen. Cod, § 182, subd. (a)(1); Health & Saf. Code, § 11359) against all three defendants. Defendants pleaded not guilty and denied the enhancement allegation. On May 30, 2012, Rogers moved to suppress evidence, and Wolfe and Landa later joined his motion. Defendants argued that the evidence against them was uncovered as a result of an unlawful search. Judge Kenneth Gnoss held the preliminary hearing and the motion to suppress on June 28, 2012. Detective Jason Lucas, assigned to the Sonoma County Sheriff’s Office Narcotics Unit, testified. He reported that he was on duty around 4:30 p.m. on March 29, 2012, and that he and Detective Brandon Van Camp were filling…