Barnard

In this appeal we consider (1) under what circumstances an appellate court may order a trial court’s ex parte certification of materials erroneously omitted from the trial record; (2) whether an asserted public interest not reflected in statutory command can preclude application of the invited error doctrine; and (3) whether a tactical police decision to delay arrest pursuant to a valid arrest warrant rendered the subsequent entry into defendant’s house illegal.

Defendant was convicted after a trial of two violations of Health and Safety Code section 11350 (possession of cocaine) as lesser included offenses of Health and Safety Code section 11352 (counts I and n, sale of cocaine) and, after a motion to suppress evidence was denied, pleaded nolo contendere to violations of Health and Safety Code sections 11350 (count HI, possession of cocaine) and 11377 (count IV, possession of quaaludes). Because the facts bearing on the first two counts are almost entirely unrelated to those bearing on the latter two, they are set forth separately.

Counts I and n

I. Facts

In July of 1979, William Fernandes, a narcotics investigator with the Drug Enforcement Administration…