Avalos

People v. Avalos

Bad Law
1996 Cal. App. LEXIS 740·47 Cal. App. 4th 1569·55 Cal. Rptr. 2d 450·96 Daily Journal DAR 9266·96 Cal. Daily Op. Serv. 5718
Court of Appeal of CaliforniaJuly 31, 1996G016193California5,106 words

Opinion

Opinion

Rylaarsdam, J.

Defendant pleaded guilty to violations of Health and Safety Code sections 11378, 11379, subdivision (a), and 11383, and admitted enhancements under section 11370.4, subdivision (b)(1) and (3). He appeals on several grounds.

First, defendant challenges the trial court’s denial of his motion for sanctions for failure to preserve certain evidence. We conclude that, since this claim is based on an alleged violation of due process, defendant waived it by his guilty plea.

Defendant also attacks the denial of his motions to suppress evidence seized from a truck after the police detained him and obtained his consent to search the vehicle, and to quash and traverse two search warrants which resulted in the seizure of additional contraband. We conclude the detention was reasonable and his consent was voluntary, although the police were less than candid about the object of the search. We also reject defendant’s attacks on the search warrants. Finally, we reject defendant’s complaint about his sentence, except that we modify it to stay execution on three counts.

Facts

At the suppression hearing, Anaheim Police Officer David Severson testified that he learned from a confidential…

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