Wilson

People v. Wilson

Good Law
1997 Cal. App. LEXIS 1012·59 Cal. App. 4th 1053·69 Cal. Rptr. 2d 683·97 Daily Journal DAR 14811·97 Cal. Daily Op. Serv. 9207
Court of Appeal of CaliforniaDecember 8, 1997B109985California4,244 words

Opinion

Opinion

Turner, J.

I. Introduction

Defendant, Holly Faye Wilson, appeals after she was convicted of methamphetamine possession in violation of Health and Safety Code section 11377, subdivision (a) as a felony. On appeal, she contends that her motion to suppress the contraband and her statements should have been granted. The Attorney General argues defendant received an excessive grant of presentence credits. In the published portion of the opinion, we address the question of whether the Fourth Amendment of the United States Constitution requires that defendant’s inculpatory statements and the contraband be suppressed.

II. The Facts Pertinent to the Penal Code Section 1538.5 Suppression of Evidence Motion

Defendant argues that her motion to suppress her statements and the contraband pursuant to Penal Code section 1538.5 should have been granted. When the applicable standard of review is applied (Ornelas v. United States (1996) 517 U.S. 690, 697 [ 116 S.Ct. 1657, 1662 , 134 L.Ed.2d 911 ]; People v. Williams (1988) 45 Cal.3d 1268, 1301 [ 248 Cal.Rptr. 834 , 756 P.2d 221 ]), the following was the evidence before the trier of fact. On March 10, 1995, Officer Charlton Vidal of the Glendale…

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