Branner

People v. Branner

Good Law
173 Cal. App. 4th 136·92 Cal. Rptr. 3d 272
Court of Appeal of CaliforniaApril 20, 2009C059288California2,748 words

Opinion

Opinion

Robie, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 138 OPINION After the magistrate denied his motion to suppress evidence, defendant Jasper Dwight Branner pled no contest to possession of cocaine base for sale and admitted a prior conviction in exchange for dismissal of the remaining two counts and enhancement allegations. The trial court imposed the low term with additional years for the prior conviction for a total of six years in state prison. On appeal, defendant contends the magistrate erroneously denied his suppression motion. Finding no error, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In November 2004, Sergeant Kenneth Georges of the Sacramento County Sheriffs Department was watching an apartment complex on Howe Avenue because of complaints regarding narcotics sales in its parking lot. On November 27, 2004, Sergeant Georges saw a Jeep and ran a records check on the license number. From this check, he learned defendant was the registered owner. Sergeant…

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