Duval

People v. Duval

Good Law
1990 Cal. App. LEXIS 675·221 Cal. App. 3d 1105·271 Cal. Rptr. 240
Court of Appeal of CaliforniaJune 28, 1990B044318California2,337 words

Opinion

Opinion

Taylor, J.

Introduction

Appellant was charged, by an information filed October 12, 1988, with violations of Health and Safety Code sections 11351, possession for sale of a controlled substance, and 11357 subdivision (a), possession of concentrated cannabis, both felonies. He entered not guilty pleas to both charges. Appellant’s motions to quash and traverse the search warrant and to suppress evidence under Penal Code section 1538.5, and to discover and cross-examine the confidential informant were denied.

On June 20, 1989, appellant waived his right to trial, withdrew his earlier plea of not guilty to count one and pled nolo contendere to a violation of Health and Safety Code section 11351. The remaining count was dismissed in furtherance of justice. Appellant was granted probation on certain terms and conditions which included an order that he spend 180 days in county jail. He was granted bail on appeal and the court stayed execution of the jail time imposed pending his appeal.

Appellant filed timely notice of appeal.

We affirm the rulings below denying appellant’s motions and, accordingly, judgment of conviction is affirmed.

Facts and Procedural History

On December 3, 1987,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.