Negrete

Defendant Angel Jurado Negrete was charged by information with possession of heroin for the purpose of sale (Health & Saf. Code, § 11351). After defendant's motion to suppress evidence pursuant to Penal Code section 1538.5 and his request that the court view the scene of the arrest were both denied, a jury found defendant guilty as charged. The court thereafter granted defendant's motion to reduce his conviction to simple possession of heroin (Health & Saf. Code, § 11350), and judgment of imprisonment was entered thereon.

On this appeal, in which defendant's sole challenge is to the propriety of the denial of his suppression motion, the following related contentions are made: (1) the arresting officer failed to comply with the announcement and demand-for-entry provisions of Penal Code section 844; [1] and (2) the arresting officer's version of the facts surrounding the arrest was inherently improbable. We conclude that defendant's contentions are without merit and, therefore, affirm the judgment.

The following statement of facts is limited to the evidence presented at the hearing on the section 1538.5 motion.

Upon receiving an anonymous scratch pad message…