People v. Jackson

As the result of a “plea bargain” effected by means of a submission upon the transcript of his preliminary hearing (see In re Mosley (1970) 1 Cal.3d 913 [ 83 Cal.Rptr. 809 , 464 P.2d 473 ]), defendant Ronald Jackson was convicted of possessing piperidine and cyclohexanone with intent to manufacture phencyclidine (Health & Saf. Code, § 11383, subd. (b); count I) and possessing phencyclidine for purposes of sale (Health & Saf. Code, § 11378; count II). He contends: “1. The court erred in denying appellant’s motion to suppress evidence which was brought on the grounds that the deputy marshal failed to comply with the knock and notice provisions prior to a forced entry into appellant’s apartment. II. The court erred in sentencing appellant.”

I

Uncontroverted evidence establishes that after personally presenting appellant on September 19, 1978, with a five-day notice to vacate unit number 3 at 4024 Abourne Road, Los Angeles County Deputy Marshal David Long returned to that location on October 5 with his partner to execute a writ of possession.

Long knocked on the door and announced, “‘We’re here with a court order for your eviction. Please open the door.’” After receiving…