Ramsey

People v. Ramsey

Good Law
1988 Cal. App. LEXIS 715·203 Cal. App. 3d 671·250 Cal. Rptr. 309
Court of Appeal of CaliforniaAugust 8, 1988F009554California3,213 words

Opinion

Opinion

Ardaiz, J.

In April 1987 a preliminary hearing was conducted in appellant’s case. Appellant made a motion to suppress evidence pursuant to Penal Code section 1538.5 alleging that evidence was seized in violation of the knock-notice requirements of section 1531. The motion was denied and appellant was held to answer.

On May 14, 1987, an information was filed charging appellant with one count of possession of methamphetamine for purposes of sale (Health & Saf. Code, § 11378) and one count of possession of marijuana for sale (Health & Saf. Code, § 11359). It was further alleged appellant possessed 28.5 grams or more of methamphetamine within the meaning of section 1203.073, subdivision (b).

On May 15, 1987, appellant was arraigned, pleaded not guilty and denied the special allegation.

On July 13, 1987, appellant’s section 1538.5 motion to suppress evidence and his section 995 motion were denied, and on August 20, 1987, this court denied the petition for writ of mandate. (Ramsey v. Superior Court, F008995.)

On September 23, 1987, appellant pleaded guilty as charged and was sentenced to three years in state prison. A timely notice of appeal was filed.

Facts

At the preliminary…

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