Carvajal

People v. Carvajal

Good Law
1988 Cal. App. LEXIS 205·202 Cal. App. 3d 487·249 Cal. Rptr. 368
Court of Appeal of CaliforniaMarch 9, 1988B024855California4,686 words

Opinion

Opinion

Fukuto, J.

Introduction

Appellants, Oscar Carvajal, Wilson Montoya, Jose Martinez, Smila Franks, and Ligia DeVinciquerra, appeal from the judgments entered upon their negotiated pleas of guilty and nolo contendere to various narcotic drug charges and enhancements following denial of their motions to quash and suppress. (Pen. Code, § 1538.5, subd. (m).) On appeal, all appellants challenge the trial court’s orders denying their motions to quash search warrants and suppress evidence. Appellants Montoya and Martinez also contend that their sentence exceeded the double-the-base-term limitation of Penal Code section 1170.1, subdivision (g). We affirm the judgments.

I.

Detention and Search of the Mitsubishi Truck

Appellants Montoya and Martinez each attack the legality of the detention and search of a Mitsubishi truck and its contents, including sealed boxes in the rear of the truck containing in excess of 400 pounds of cocaine. Viewed according to the customary standard of appellate review (People v. Leyba (1981) 29 Cal.3d 591, 596-597 [ 174 Cal.Rptr. 867 , 692 P.2d. 691 ]), the evidence at the Penal Code section 1538.5 hearing established that within 10 days prior to April 23, 1986,…

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