Box

People v. Box

Good Law
14 Cal. App. 4th 177·17 Cal. Rptr. 2d 504·1993 Cal. App. LEXIS 263·93 Daily Journal DAR 3407·93 Cal. Daily Op. Serv. 1912
Court of Appeal of CaliforniaMarch 16, 1993F016711California2,874 words

Opinion

Opinion

Vartabedian, J.

Appellant Donald Alan Box raises the narrow issue of whether the trial court erred in failing to permit an evidentiary hearing in accordance with Franks v. Delaware (1978) 438 U.S. 154 [ 57 L.Ed.2d 667 , 98 S.Ct. 2674 ], We conclude appellant failed to make a substantial showing of deliberate or reckless falsification by law enforcement in the search warrant affidavit, and therefore no further hearing was required. We affirm the judgment.

General Background

On November 30, 1990, acting pursuant to the search warrant at issue in this case, law enforcement officers raided a residence located on Copper Avenue in a rural part of the Clovis area of Fresno County. The officers recovered chemicals and glassware related to production of methamphetamine and written instructions for production of the drug. Appellant and others were at the residence at the time of the raid, and they were arrested.

A jury found appellant guilty of conspiracy to manufacture methamphetamine. (Pen. Code, § 182; Health & Saf. Code, § 11379.6.) The court found true four prior-prison-term allegations. (Pen. Code, § 667.5, subd. (b).) Appellant was sentenced to prison for nine years.

The Search…

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