Allen

People v. Allen

Good Law
17 Cal. App. 4th 1214·1993 Cal. App. LEXIS 812·21 Cal. Rptr. 2d 668·93 Daily Journal DAR 10197·93 Cal. Daily Op. Serv. 5973
Court of Appeal of CaliforniaAugust 5, 1993F018341California2,938 words

Opinion

Opinion

Vartabedian, J.

In a consolidated information defendant, Leonard A. Allen, was charged in counts I, II, and III with possession of cocaine base for sale. (Health & Saf. Code, § 11351.5.) He was also charged with one count of possession of marijuana. Defendant’s motion to suppress was denied. Pursuant to a plea bargain, defendant entered guilty pleas to counts I and III for possession of cocaine base for sale. Defendant also admitted being personally armed with a weapon (Pen. Code, § 12022, subd. (c)). All other charges were dismissed. Defendant was sentenced to a total prison term of six years, based upon a three-year lower base term on count I plus a three-year lower enhancement term; a concurrent term was ordered on count III.

Defendant appeals, claiming his suppression motion with respect to count III was improperly denied. In the unpublished portion of this opinion, we determine that defendant’s arrest and the police search of his vehicle were proper. Our published discussion focuses on the trial court’s determination that defendant disclaimed standing to object to a search of his apparent residence. We find the trial court failed to consider all of the offered evidence relevant to…

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