Dyke

Introduction

Appellants Donald Ray Dyke (prosecuted in superior court under an alias of John Michael Fitzpatrick) and Richard Lee Garland were arrested for drug offenses on November 13, 1988, in room 116 at the Economy Inn in Bakersfield where contraband was seized as police officers were attempting to execute a felony arrest warrant on burglary suspect Kenneth DeBenedict. Additional contraband was later seized at appellants’ residences, which were searched by authority of warrants. Appellants’ motions to suppress (Pen. Code, § 1538.5) were denied by the superior court “as to everything except the duffel bag and the Crown Royal Bag[,] which are granted.”

Garland pled guilty to the following charges contained in an amended information filed February 7, 1989: count 1, possession for sale of methamphetamine (Health & Saf. Code, § 11378); count 2, possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); count 3, possession of base or “rock” cocaine (Health & Saf. Code, § 11350, subd. (a)); count 4, conspiracy to violate Health and Safety Code section 11378, with eight overt acts alleged (§ 182, subd. 1); and count 5, possession of less than 28.5 grams of…