Stewart

People v. Stewart

Good Law
113 Cal. App. 4th 242·2003 Cal. App. LEXIS 1688·2003 Daily Journal DAR 12317·6 Cal. Rptr. 3d 249·2003 Cal. Daily Op. Serv. 9812
Court of Appeal of CaliforniaNovember 12, 2003A100659California5,397 words

Opinion

Opinion

Kline, J.

INTRODUCTION

Jerry Mark Stewart appeals from a conviction of possession of methamphetamine for sale. Following the trial court’s denial of his motion to suppress, appellant entered a plea of no contest to the charge. He contends the trial court erred in ruling he lacked “standing” to challenge the search. We will reverse the judgment and remand.

STATEMENT OF THE CASE

On September 26, 2001, the People filed an information charging appellant with possession of methamphetamine for sale (Health & Saf. Code, § 11378). Shortly thereafter, appellant filed a motion to suppress evidence pursuant to Penal Code section 1538.5, which was denied on December 7, 2001. On August 22, 2002, pursuant to a plea bargain that was placed on the record (People v. West (1970) 3 Cal.3d 595 [ 91 Cal.Rptr. 385 , 477 P.2d 409 ]), appellant entered a plea of no contest. He was sentenced on October 24, 2002, to three years’ probation and 60 days in county jail, execution of which was suspended pending the resolution of issues on appeal.

STATEMENT OF FACTS

Sergeant Smith of the Mendocino County Sheriff’s Office testified at the preliminary hearing that at about 2:25 p.m. on April 23, 2001, he and…

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