Hughston

People v. Hughston

Good Law
168 Cal. App. 4th 1062·2008 Cal. App. LEXIS 2361·85 Cal. Rptr. 3d 890
Court of Appeal of CaliforniaNovember 26, 2008A118939California4,379 words

Opinion

Opinion

Simons, J.

Like a 19th-century itinerant peddler, appellant Boot Hughston arrived in Mendocino County in the summer of 2006 to sell his wares. Instead of pushing a cart, he drove a rented Hummer, and in place of pots, pans and other dry goods, he sold illegal drugs. At a designated campsite, appellant pitched a tentlike structure that surrounded the Hummer, several smaller tents and an eating area. Then he began pitching his products. An undercover federal drug enforcement agent observed him engage in two hand-to-hand transactions. Searches of his backpack and the Hummer revealed an inventory sufficient to justify charges for four narcotics offenses: possession of cocaine for sale (Health & Saf. Code, § 11351) (count one), possession of methylenedioxymethamphetamine (MDMA) for sale (Health & Saf. Code, §§ 11378, 11401, subd. (a)) (count two), possession of psilocybin mushrooms for sale (Health & Saf. Code, § 11378) (count three), and possession of nitrous oxide (Pen. Code, § 381b) (count four). Appellant unsuccessfully challenged the two searches in the trial court pursuant to Penal Code section 1538.5 and renews that challenge on appeal. In the unpublished portion of our decision,…

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