Vanvalkenburgh

People v. Vanvalkenburgh

Good Law
145 Cal. App. 3d 163·193 Cal. Rptr. 274·1983 Cal. App. LEXIS 1950
Court of Appeal of CaliforniaJuly 20, 1983Crim. 42917California1,431 words

Opinion

Opinion

Hastings, J.

In an information filed by the Los Angeles County District Attorney, appellant was charged in count I with possession of cocaine for sale (Health & Saf. Code, § 11351), in count II with possession of LSD tablets for sale (Health & Saf. Code, § 11378), in count III with cultivation of marijuana (Health & Saf. Code, § 11358) and in count IV with possession of hashish (Health & Saf. Code, § 11357, subd. (a)). Appellant initially pled not guilty, but after his motion to suppress evidence (Pen. Code, § 1538.5) was denied, he changed his plea to guilty as to count I, and the remaining counts were dismissed in the interests of justice. In May 1982, appellant was sentenced to the low term of two years in state prison. He appeals the judgment of conviction contending that the court erred in denying his motion to suppress. We affirm the judgment.

Facts

On September 25, 1980, Los Angeles County Sheriff’s deputies went to appellant’s Malibu home in response to a call complaining of a prowler on the property. Deputies failed to locate any prowlers, but they did observe eight to ten containers, each of which contained several marijuana plants. One of the officers, Deputy Lofthus,…

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