Denman

People v. Denman

Caution
112 Cal. App. 3d 1003·169 Cal. Rptr. 742·1980 Cal. App. LEXIS 2513
Court of Appeal of CaliforniaDecember 5, 1980Crim. 35251California2,309 words

Opinion

Opinion

Stephens, J.

Appellant was charged by information with possession of marijuana for sale, a violation of Health and Safety Code section 11359. Appellant entered a plea of guilty after the court denied her pretrial motions pursuant to Penal Code sections 995 and 1538.5. The court placed appellant on probation for a period of three years on the condition, inter alia, that she spend one year in the county jail. Appellant appeals from the judgment.

The facts may be summarized as follows: appellant entered Miami International Airport on May 30, 1.978. She was observed by two police officers of the Dade County Public Safety Department, Deputy Joan Wolfe and Deputy D’Azevedo. Appellant carried six pieces of luggage and appeared to be nervous. Deputy Wolfe stepped into the check-in line Behind appellant and, as appellant addressed the airline agent, Deputy Wolfe stepped up beside her and leaned against the ticket counter to better hear and observe the exchange. Appellant filled out baggage tickets; three of her six pieces were labeled with the name “Hartman” and the remaining three bags were labeled with identification tags bearing the name “Stewart.” Appellant handed the agent two tickets,…

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