Lopez
People v. Lopez
Opinion
Opinion
Thaxter, J.
Statement of the Case
On December 2, 1991, respondent Lucio Bemabe Lopez was charged by information filed in Stanislaus County Superior Court with possession of heroin for sale, a violation of Health and Safety Code section 11351. The information also alleged Lopez served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Lopez entered a plea of not guilty on the same date and denied the prior prison term allegation.
On January 2, 1992, respondent filed in superior court a motion to suppress evidence seized at the time of his arrest, specifically clear baggies, a set of scales, and heroin. He did not challenge the evidence at the preliminary hearing.
On January 13, 1992, the prosecution requested a continuance of the motion because the “key” witness, Officer Timothy Higginbotham, was unavailable. Apparently Officer Higginbotham was on his honeymoon. The motion was continued without objection by defense until January 23, 1992.
On January 23, 1992, Officer Higginbotham did not appear, apparently because of an oversight by clerical staff at the district attorney’s office. The district attorney’s request for a further continuance was…