Callahan
People v. Callahan
Opinion
Opinion
Ardaiz, J.
Appellant, Raymond Henry Callahan, was charged by an amended criminal complaint filed in Tulare County Municipal Court, Tulare-Pixley Division, with one count of selling or transporting methamphetamine in violation of Health and Safety Code section 11379, subdivision (a), a felony; one count of possessing an injection device in violation of Health and Safety Code section 11364, subdivision (a), a misdemeanor; one count of possessing less than 28.5 grams of marijuana in violation of Health and Safety Code section 11357, subdivision (b), a misdemeanor; and using or being under the influence of a controlled substance in violation of Health and Safety Code section 11550, also a misdemeanor. Appellant entered not guilty pleas to each of the offenses and the matter proceeded to preliminary hearing.
On the date scheduled for that hearing, appellant brought a motion to suppress pursuant to Penal Code section 1538.5. After appellant’s motion to suppress was denied, he pleaded guilty to one count of simple possession of methamphetamine in violation of Health and Safety Code section 11377, subdivision (a); one count of possessing an injection device in violation of Health and…