Brewer

Defendant Nolan Edward Brewer appeals from a judgment of conviction following a court trial in which he was convicted of possession of marijuana for sale (Health & Saf. Code, § 11359; count 2). Defendant was sentenced to state prison for the low term of 16 months. Defendant was allowed to remain free on bail pending appeal. Defendant contends that the trial court erred (1) when it denied his motion to suppress evidence since statements of defendant that were obtained in violation of his Miranda rights were used to supply probable cause to obtain a search warrant for defendant’s residence, which led to the seizure of additional physical evidence; and (2) when it did not grant his motion to traverse and quash the search warrant for defendant’s residence on the grounds that the affidavit in support of probable cause contained intentionally or recklessly misleading statements and omitted material facts. We reject these contentions and affirm the judgment of conviction.

Factual Summary

Testimony Adduced at the Hearing on the Motion to Suppress Evidence Based on the Lawfulness of Defendant’s Arrest

A. Testimony of Deputy Duvall

On November 29, 1997, at approximately 8:30…