Lovelace

People v. Lovelace

Good Law
116 Cal. App. 3d 541·172 Cal. Rptr. 65·1981 Cal. App. LEXIS 1471
Court of Appeal of CaliforniaFebruary 6, 1981Crim. 4239California5,546 words

Opinion

Opinion

Zenovich, J.

The appeal before us is from a judgment rendered against appellant upon his plea of guilty to possession of amphetamines for sale (Health & Saf. Code, § 11378). He had first entered pleas of not guilty to each of three counts alleging (1) possession of phenobarbital for sale (Health & Saf. Code, § 11378), (2) possession of amphetamines for sale (Health & Saf. Code, § 11378) and (3) planting, cultivating, harvesting, drying and possession of marijuana (Health & Saf. Code, § 11358). He then moved under Penal Code section 1538.5 to suppress physical evidence as to each count and to traverse the search warrant. When the motion was denied, he withdrew his plea of not guilty and pleaded guilty to one of the counts; the other counts were dismissed.

In this appeal, he challenges the denial of his suppression motion. The pertinent evidence is contained in the affidavit in support of the search warrant, the transcript of the preliminary hearing, and the oral testimony adduced at the suppression hearing.

In his affidavit in support of the search warrant, Stanislaus County Deputy Sheriff Tom Ford stated that he was informed by a confidential, reliable informant that several…

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