Coston

Herbert Dwayne Coston and Victor Trapps were apprehended as they each attempted to smuggle two kilos of cocaine aboard an airplane. Consequently, they entered pleas of guilty to transporting this contraband (Health & Saf. Code, § 11352) and admitted that its volume was at least 28.5 grams (Pen. Code, § 1203.073, subd. (b)(1)), and, in fact, was in excess of 3 pounds. (Health & Saf. Code, § 11370.4, subd. (a).) Nonetheless, and despite these admissions, the court found their cases to be sufficiently unusual, apparently due to their lack of previous criminal records, that it granted them probation. They appeal.

Their guilt never having been open to question, appellants expended great time and effort below challenging the manner in which their criminal activities were detected and foiled. They renew those campaigns here.

The defense presented no evidence and the determinative facts were not in dispute. On January 7, 1988, appellants exited a cab at Burbank Airport and removed a blue bag. Michael Lemons, a security employee testified that “[ujsually when you see two Black males dressed the way they were dressed. Usually they are movie stars. Athletes. And they kind of…