Rodrigues-Fernandez

People v. Rodrigues-Fernandez

Bad Law
1991 Cal. App. LEXIS 1213·235 Cal. App. 3d 543·286 Cal. Rptr. 700·91 Daily Journal DAR 12993·91 Cal. Daily Op. Serv. 8484
Court of Appeal of CaliforniaOctober 22, 1991B048007California3,868 words

Opinion

Opinion

Ashby, J.

—Following denial of their motions to suppress evidence under Penal Code section 1538.5, defendant and appellant Orlando RodriguesFernandez pleaded no contest, and defendant and appellant Mario Socorro Villapudua pleaded guilty, to possession for sale of cocaine and the allegation that the amount of cocaine exceeded 25 pounds. (Health & Saf. Code, §§ 11351, 11370.4, subd. (a)(3).) Each was sentenced to a term of 12 years in state prison.

Narcotics officers conducting a surveillance observed an apparent large scale cocaine transaction in a supermarket parking lot. A van was driven from the parking lot to a house where it was observed being loaded with trash bags containing kilo-shaped packages. The van was returned to the parking lot, where the apparent purchaser (appellant Fernandez) resumed control of it. Officers searched the van and confirmed that the trash bags contained approximately 100 kilos of cocaine. A search warrant was then obtained to search the house, believed to be a stash location. Pursuant to the warrant search, the house (appellant Villapudua’s) was found to contain more cocaine, packages of currency, documentary records, rifles and a machine…

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