ENG
People v. ENG
Opinion
Opinion
Reardon, J.
Appellant Steve Eng appeals his judgment of conviction following a no contest plea to possession for sale of heroin (Health & Saf. Code, § 11351) (count 1) and possession for sale of methamphetamine (Health & Saf. Code, § 11378) (count 2), with admitted allegations of two prior felony convictions for possession of dangerous drugs (Pen. Code, § 667.5, subd. (b); Health & Saf. Code, § 11377, subd. (a)). The trial court sentenced appellant to the lower two-year term for count 1 and a concurrent middle two-year term for count 2, and stayed sentence on the enhancements. Appellant challenges his conviction on grounds that the trial court should have granted his motion to dismiss pursuant to Penal Code section 995 because the warrantless search of his boat was unconstitutional. We affirm the judgment.
I. Facts
On August 29, 2000, the United States Coast Guard received a distress call in the early evening hours regarding a person needing medical assistance on board a disabled vessel outside the San Leandro channel. A Coast Guard crew located the vessel adrift outside the channel. It was a small sailboat. The radio did not work and the boat had no power.