Bishop
People v. Bishop
Opinion
Opinion
Smith, J.
Myron Bishop entered a changed plea of guilty to one count of cocaine possession (Health & Saf. Code, § 11350, subd. (a)), with other charges dismissed in a negotiated disposition, after the superior court denied his renewed motion to suppress evidence. Granted felony probation with a nine-month jail term condition, he appeals challenging the suppression ruling. (Pen. Code, § 1538.5, subd. (m).) We affirm.
Preliminary hearing
Bishop first sought suppression at the preliminary hearing in municipal court, and that evidence must be separately summarized due to the issues raised on appeal.
San Francisco Police Officer Douglas Hansen testified that he was on routine patrol with partner Gary Constantine about 2:30 p.m. on March 5, 1991, when he saw what looked to be a drug sale going on between Bishop and Lavelle Shaw outside a housing project on Fitzgerald Street. As he drove eastbound on Fitzgerald, Hansen saw Bishop double-parked, facing westbound on the opposite side. Bishop sat in the driver’s seat with both front windows down, and Shaw was talking with him at the driver’s side window, holding some currency. On the other, curb side, of the car stood a man Hansen did not…