Clower

The Case

Elisha Lee Glower appeals from the judgment entered on his guilty plea to one violation of Health and Safety Code section 11351.5, possession of cocaine base for sale. The court sentenced appellant to the five-year upper term and imposed a $2,000 restitution fine and a $10,000 fine. Appellant contends the court (1) erroneously excluded evidence and denied his motion under Penal Code section 1538.5 to suppress evidence discovered during a parole search, and (2) failed to make the necessary findings in imposing the $10,000 fine pursuant to section 11372, subdivision (a).

The Facts

The evidence presented at the preliminary examination and the suppression hearing revealed: appellant was on parole from the California Youth Authority on February 5, 1992, when he was stopped and searched. Officer Grove of the California Highway Patrol Kings County Narcotics Task Force testified he had been investigating appellant’s activities for four to six months before the February search. He had obtained a warrant to search appellant in September 1991, based on information from a confidential informant, but had been unable to locate him to execute it. In another search warrant,…