Sanchez

On January 3, 1983, appellant Esquiel Zeke Sanchez, Jr., was charged in an information with one count of possession of Lysergic Acid Diethylamide (LSD) (Health & Saf. Code, § 11377, subd. (a)) and one count of public intoxication (Pen. Code, § 647, subd. (f)). On January 24, 1983, appellant pled guilty to the public intoxication charge and was referred to a drug diversion program on the possession charge. Appellant later violated conditions of the diversion order and his case was returned to the criminal calendar for normal prosecution. Following the denial of his motion to suppress the evidence (§ 1538.5), appellant pled guilty to the possession charge. This plea was entered on condition that he would not be sentenced to state prison and that he would be given $5,000 bail on appeal.

Appellant was sentenced to one year in the county jail and bail on appeal was set at $5,000. He appeals from the judgment of conviction. We find his appeal to be without merit and affirm.

Facts

On April 6, 1982, at approximately 4 a.m. San Jose Police Officer Nestor Torres responded to a call regarding a disturbance on the corner of Bermuda and La Porte streets in San Jose. When the…