Gee

People v. Gee

Good Law
124 Cal. Rptr. 735·1975 Cal. App. LEXIS 1436·52 Cal. App. 3d 100
Court of Appeal of CaliforniaOctober 10, 1975Crim. 8030California887 words

Opinion

Opinion

Ault, J.

A jury found Melvin Lewis Gee guilty of possessing marijuana (Health & Saf. Code, § 11357), possessing controlled substances (Health & Saf. Code, § 11377), and possessing a sawed-off shotgun (Pen. Code, § 12020). He was granted probation for three years, conditioned upon serving one year in the custody of the sheriff.

On appeal Gee contends his convictions should be reversed because the magistrate at the preliminary hearing erroneously overruled his objection to the admission of evidence found in his bedroom at the time of his arrest We conclude that Gee may not raise this issue on appeal, and affirm the judgment.

Discussion

At the preliminary hearing Gee’s attorney objected to the introduction into evidence of the contraband and gun found in his bedroom on the ground the items had been illegally seized. The objection was overruled, the contraband and gun were received in evidence, and Gee was held to answer in the superior court.

Relying on People v. Triggs, 8 Cal.3d 884 [ 106 Cal.Rptr. 408 , 506 P.2d 232 ], Gee maintains his objection at the preliminary hearing preserved the search and seizure issue and that this court must weigh and consider the propriety of the…

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