Alcorn

People v. Alcorn

Good Law
15 Cal. App. 4th 652·19 Cal. Rptr. 2d 47·1993 Cal. App. LEXIS 486·93 Daily Journal DAR 5639·93 Cal. Daily Op. Serv. 3306
Court of Appeal of CaliforniaMay 3, 1993F016628California2,594 words

Opinion

Opinion

Thaxter, J.

After his motion to suppress evidence was denied, appellant Glenn Ray Alcorn pleaded nolo contendere to one count of possession of methamphetamine in violation of Health and Safety Code section 11378. Pursuant to the terms of a plea bargain, other counts were dismissed, and Alcorn was sentenced to 16 months in state prison.

On appeal Alcorn challenges the denial of the suppression motion.

Facts

On March 19, 1991, sheriffs deputies from Los Angeles and Kern Counties arrived at the Rosamond Cafe in order to arrest appellant on an outstanding felony warrant issued on March 6,1991, in Los Angeles County. Appellant was not at the cafe, but the officers contacted Cheryl Klein, appellant’s girlfriend. Klein, who lived with appellant, told the deputies appellant was either at their apartment or in Lancaster, a nearby city. Klein accompanied the officers back to the apartment. At some point she was told she would be aiding and abetting if she did not cooperate with the officers.

Upon entering the apartment, the officers found appellant sleeping in the bedroom. Appellant was arrested pursuant to the authority of the Los Angeles warrant. After making the arrest, the officers…

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