Evans

Pursuant to a plea bargain made after his motion to suppress was denied, defendant David Thomas Evans pled guilty to two counts of obtaining controlled substances by fraud (Health & Saf. Code, § 11173, subd. (a)). He appeals after the court granted him probation.

In February 1978, Evans rented a room at the Mission Bay Motel managed by Mr. and Mrs. Bellman. At Evans’ request, Mrs. Bellman drove him to a pharmacy where he paid for a prescription of Quaaludes with the $20 he had. He then had her drive him to Ocean Beach where he took the pills into an apartment which was soon visited by several people. After an hour and a half or so, he returned without the pills and with over $200 in cash.

Suspicions aroused, Mrs. Bellman and her husband began paying attention to Evans’ activities at the motel. They checked his trash and found numerous empty prescription bottles for about 691 doses of Dilaudid issued over a 50-day period, and 149 doses of Quaalude filled over a 22-day period, with at least 5 different prescribing doctors. They noticed foot traffic in and out of his room normally occurring after he would return from a doctor’s visit. The Bellmans also listened in to…