Icenogle

People v. Icenogle

Good Law
139 Cal. Rptr. 637·1977 Cal. App. LEXIS 1638·71 Cal. App. 2d 576·71 Cal. App. 3d 576
Court of Appeal of CaliforniaJuly 11, 1977Crim. 29529California3,494 words

Opinion

Opinion

Jefferson, J.

By an amended information, defendant was charged in count I with having committed, on March 23, 1976, a violation of section 11351, subdivision (a), of the Health and Safety Code by having in her possession for purpose of sale a controlled substance, to wit, heroin. It was also alleged in count I that defendant possessed for sale one-half ounce or more of heroin within the meaning of Penal Code section 1203.07. In count II defendant was charged with having committed a violation of section 11350 of the Health and Safety Code on March 23, 1976, by having in her possession a controlled substance, to wit, heroin. The amended information also charged defendant with one prior felony conviction.

Defendant initially entered a plea of not guilty and denied the allegation with respect to the prior felony conviction. Thereafter, defendant made a motion to dismiss the information pursuant to Penal Code section 995. This motion was denied. Defendant also made a pretrial motion under Penal Code section 1538.5 to suppress all evidence—material objects and writings—secured by the police on the ground that such evidence was a product of an unlawful search and seizure of defendant’s…

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