Levine

People v. Levine

Good Law
152 Cal. App. 3d 1058·1984 Cal. App. LEXIS 1734·199 Cal. Rptr. 756
Court of Appeal of CaliforniaMarch 9, 1984Crim. 43279California4,873 words

Opinion

Opinion

Merrick, J.

Record

This is an appeal by the defendant following the entry of a plea of guilty to count I, a violation of section 11378 of the Health and Safety Code upon a negotiated plea bargain wherein counts II and III of the original information were dismissed. Defendant argues that the trial court erred in failing to quash the search warrant, and further, that the trial court erred in ordering an in camera hearing outside the presence of defendant and his trial counsel. We find no merit to either argument and therefore affirm the judgment of the trial court.

Facts

Between September 18 and 22,. 1981, Officer Shane S. Talbot of the Santa Monica Police Department was contacted by a “confidential informant” who told him that he or she had information about a male known as “Eric” who was dealing cocaine in gram quantities and that he was dealing out of his apartment located on the third floor of 1720 Pacific Avenue in the City of Venice, having a phone number of 399-3065.

Thereafter, in Officer Talbot’s presence and hearing, the confidential informant dialed the 399-3065 telephone number and contacted a subject who identified himself as “Eric.” The confidential informant inquired…

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