Jaquez
People v. Jaquez
Opinion
Opinion
Kaufman, J.
His motion to suppress assertedly illegally obtained evidence having been denied, pursuant to a plea bargain defendant entered pleas of guilty to two counts of a four-count information and the other counts were dismissed. Defendant appeals pursuant to Penal Code section 1538.5, subdivision (m), to have reviewed the order denying his suppression motion.
Multiple searches and seizures were involved. We conclude that one was unlawful but the others were not, and under compulsion of People v. Hill (1974) 12 Cal.3d 731, 767-770 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], we conditionally reverse the judgment of conviction with directions to the trial court to reinstate the dismissed charges and proceed to trial.
The information was in four counts. The first count charged concealing stolen property in violation of Penal Code section 496 on or about March 12, 1983. The second count charged possession for sale of a controlled substance (heroin) on or about March 12, 1983, in violation of Health and Safety Code section 11351. Count 3 charged another violation of Health and Safety Code section 11351 on or about March 12, 1983, possession for sale of a controlled substance (cocaine).…