Dey

People v. Dey

Good Law
101 Cal. Rptr. 2d 581·2000 Cal. App. LEXIS 894·2000 Daily Journal DAR 12545·84 Cal. App. 4th 1318·2000 Cal. Daily Op. Serv. 9316
Court of Appeal of CaliforniaNovember 27, 2000C033002California1,216 words

Opinion

Opinion

Davis, J.

Defendant Eugene Alexander Dey was convicted of transportation and possession of methamphetamine and marijuana and various recidivist allegations were found to be true. He was sentenced to state prison for a term of 26 years to life and now appeals. Defendant challenges the denial of his suppression motion, the failure to instruct on the corpus delicti rule, the denial of services to assist him with a motion for a new trial, the failure to strike any of his prior convictions, and the constitutionality of his prison term. In the published portion of the opinion, we conclude the presence of a useable quantity of marijuána among defendant’s effects in the passenger compartment of the vehicle he was driving provided probable cause for the search of the vehicle’s trunk. In so holding, we find contrary authority from the mid-1970’s is no longer controlling. We reject the remainder of his arguments in the unpublished portion of the opinion and affirm the judgment.

Facts

Defendant’s contentions do not, for the most part, involve the facts adduced at trial. Defendant concedes on appeal that he was lawfully detained for investigation of a registration violation while driving his…

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