Dees

Following denial of a motion to suppress evidence, defendant Randy DeWayne Dees (appellant) proceeded to trial on three drug-related offenses and one charge of possession of a concealable firearm by an ex-felon. A jury found him guilty of (1) possession of methamphetamine for sale; (2) unauthorized possession of a hypodermic needle or syringe; and (3) being under the influence of a controlled substance. It deadlocked on the firearm count, which the district attorney subsequently dismissed. The court found true the allegation of a prior drug conviction and sentenced appellant to five years in state prison (two years for count 1; concurrent six-month terms for counts 2 and 3; three-year consecutive sentence for the enhancement).

On appeal appellant contends the trial court erroneously concluded he did not have “standing” to pursue his suppression motion. We agree and reverse and remand.

I. Background; Pretrial Proceedings

A. Preliminary Hearing

On the basis of the following facts adduced at the preliminary hearing, on July 8, 1988, appellant moved to suppress evidence seized during searches of a vehicle and residence and to dismiss all counts except count 3 (being under…