Thurman
People v. Thurman
Opinion
Opinion
Benson, J.
Appellant James Kevin Thurman pled guilty to one count of possession of cocaine for sale. (Health & Saf. Code, § 11351.) He appeals the judgment contending the court erroneously denied his Penal Code section 1538.5 motion to suppress. We affirm the judgment.
We summarize the evidence the court considered in denying appellant’s motion to suppress. On October 9, 1987, officers for the City of Vallejo served a search warrant at the residence of 949 B Grant Street. The warrant authorized a search of the premises for drugs, narcotic paraphernalia, and papers indicating the identity of a person who participated in a narcotics transaction on October 7, 1987. The warrant did not authorize a search of appellant. Four officers, led by Officer Phillip L. Silva, arrived at the premises shortly after 6 p.m. Officer Silva reached the open front door and advised, “Police, search warrant.” He heard what sounded like footsteps running down the hallway. Approximately 15 seconds later, the officers entered the premises with guns drawn. Officer Silva went to the back bedroom. He did not see appellant when he entered the premises.