Combs

People v. Combs

Good Law
165 Cal. App. 3d 422·1985 Cal. App. LEXIS 1730·211 Cal. Rptr. 617
Court of Appeal of CaliforniaMarch 7, 1985F003176California1,439 words

Opinion

Opinion

Randall, J.

On May 10, 1983, an information was filed in Tulare County Superior Court alleging that defendant, Sherry Elaine Combs, had committed three felony violations of the Health and Safety Code. Count I charged manufacture of phencyclidine (Health & Saf. Code, § 11379.5), count II possession of phencyclidine for sale (Health & Saf. Code, § 11378.5), and count HI possession of cocaine (Health & Saf. Code, § 11350). The information contained various enhancing allegations which were subsequently stricken.

Defendant filed an unsuccessful motion to suppress evidence pursuant to Penal Code section 1538.5, which was heard by the Honorable Kenneth E. Conn. Thereafter she was tried by a jury before the Honorable N. O. Bradley, was convicted of all three counts, and was subsequently sentenced to state prison.

I. Facts

Because defendant alleges error in denying the motion to suppress evidence as well as in the conduct of the trial, we shall separate our discussion of the facts to distinguish those adduced at the motion hearing from those developed at trial.

A. Motion to Suppress Evidence

B. Trial

The trial testimony of the sheriff’s deputies concerning their arrival at and entry of…

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