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Statement of the Case

Defendant appeals from his convictions of possession of methamphetamine for sale and possession of marijuana for sale, violations of Health and Safety Code sections 11378 and 11359. Defendant was sentenced to the middle term of two years for each conviction to be served concurrently. Defendant attacks his conviction and sentence on four points: (1) No prob able cause justified the search of his residence; (2) the trial court erroneously denied defendant probation; (3) the trial court erroneously imposed the middle term sentence; and (4) defendant’s attorney was involved in a conflict of interest regarding the case that requires reversal.

Procedural Background

On May 3, 1983, an information was filed in the Stanislaus County Superior Court charging defendant with violating Health and Safety Code section 11378, possession of methamphetamine for sale (count I) and with violating Health and Safety Code section 11359 (count II) possession of marijuana for sale. Defendant was arraigned and pled not guilty to both counts.

Defendant subsequently filed a notice of motion and motion to suppress evidence pursuant to Penal Code section 1538.5. The trial…