Rosso

People v. Rosso

Good Law
1994 Cal. App. LEXIS 1254·30 Cal. App. 4th 1001·36 Cal. Rptr. 2d 218·94 Daily Journal DAR 17501·94 Cal. Daily Op. Serv. 9473
Court of Appeal of CaliforniaDecember 13, 1994B080753California2,007 words

Opinion

Opinion

Ortega, J.

William Rosso appeals from the judgment entered following denial of his suppression motion (Pen. Code, § 1538.5) and his negotiated guilty plea to possessing more than 10 kilograms of cocaine for sale. (Health & Saf. Code, §§ 11351, 11370.4, subd. (a)(3).) In the published portion of this opinion, we reject the People’s argument that Rosso waived his appellate rights as part of his plea bargain, because there was no advisement of those rights before his purported waiver. In the unpublished portion of the opinion, we affirm the trial court’s finding that Rosso and his companion validly consented to the house and auto search that disclosed the drugs, and affirm the judgment.

Facts

About 9:45 p.m. on August 9, 1993, El Monte Police Detectives Gary Haidet, Victor Hernandez, Steve Schuster, and Keith Gee arrived at a common driveway servicing 2728 Pen Mar and two or three other houses. The officers were in plain clothes without raid gear or bulletproof vests. Haidet saw 16-year-old Luis Gilbert Sanchez walk down the driveway from the street to the side door of 2728 Pen Mar. A woman who lived in one of the other buildings told Haidet that Sanchez lived at 2728 Pen Mar. The…

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