Dossman

People v. Dossman

Good Law
1 Cal. Rptr. 2d 489·1991 Cal. App. LEXIS 1307·235 Cal. App. 3d 1433·91 Daily Journal DAR 14091·91 Cal. Daily Op. Serv. 9021
Court of Appeal of CaliforniaNovember 14, 1991A051478California1,227 words

Opinion

Opinion

Haning, J.

—Freva Short Dossman appeals her conviction by guilty plea of possession of marijuana for sale. (Health & Saf. Code, § 11359.) She contends the evidence supporting her conviction was the product of an unlawful search and seizure, and that the court erred in sentencing her to the upper term. We affirm.

Procedural History

Appellant was charged by complaint with possession for sale of methamphetamine, possession for sale of cocaine, possession for sale of lysergic acid diethylamide (L.S.D.), and possession for sale of marijuana. Pursuant to Penal Code section 1538.5, subdivision (f), she moved at the preliminary hearing to suppress evidence seized from her home. The motion was granted and the complaint was dismissed when the People were unable to proceed. Thereafter, the People moved successfully in the superior court for reinstatement of the complaint pursuant to section 871.5. The court granted the motion and ordered the magistrate to reinstate the complaint. The preliminary hearing then resumed and additional evidence was taken, after which appellant was held to answer. Thereafter, pursuant to a plea bargain in the superior court, and without renewing her motion to…

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