Hernandez

People v. Hernandez

Good Law
118 Cal. Rptr. 53·1974 Cal. App. LEXIS 1337·43 Cal. App. 3d 581
Court of Appeal of CaliforniaNovember 29, 1974Crim. 25040California3,548 words

Opinion

Opinion

Kaus, J.

Defendant Alphonsa Hernandez was charged with possession of heroin. (Health & Saf. Code, § 11350.) After motions to quash a search warrant and to suppress evidence were made and denied, she pleaded guilty. Proceedings were suspended and defendant was placed on probation on condition that she serve one year in jail.

The sole issue on appeal is the validity of a search warrant and the timeliness of its issuance and service.

Facts

The affidavit in support of the warrant, executed by Sergeant Ginder, stated: “On or about April 30, 1973, your affiant H. R. Ginder, Ser. # 6044, met with an informant. The informant stated that a person he knew by the name of Ernest Ochoa was selling heroin from his apartment in El Sereno. The informant stated to your affiant that he has purchased heroin from Ernest Ochoa on numerous occasions, that he calls phone number 222-8840 and that either Ernest Ochoa or his sister Virgie answers the phone. On each occasion the informant then talked to Ernest Ochoa, told Ochoa that he wanted to purchase narcotics, and then Ochoa designated a location to meet for the exchange of the narcotics for cash. On each oc casion informant met with Ochoa at the…

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