Monette

People v. Monette

Good Law
1994 Cal. App. LEXIS 624·25 Cal. App. 4th 1572·31 Cal. Rptr. 2d 203·94 Daily Journal DAR 8368·94 Cal. Daily Op. Serv. 4544
Court of Appeal of CaliforniaJune 15, 1994G013885California1,295 words

Opinion

Opinion

Wallin, J.

Eligio Monette appeals from the order revoking his probation for possession of a handgun and sentencing him to three years for his conviction for the sale of cocaine. He claims his trial counsel rendered ineffective assistance by failing to object to the prosecution’s violation of the corpus delicti rule and to the admission of his inculpatory statement to his probation officer. We affirm.

Monette pleaded guilty to charges of selling cocaine and possessing heroin and cocaine for sale. (Health & Saf. Code, §§ 11352,11351.) He was placed on probation for three years on the condition, inter alia, that he not use or possess any type of dangerous or deadly weapon. About 15 months into the probationary period, police officers searched the apartment where Monette was living and found a weapon. At the probation revocation hearing, Officer Michael Acquino testified there were two twin beds in one of the bedrooms, each with built in drawers under the box springs. Acquino searched the area of one bed and found a loaded .25-caliber automatic handgun and ammunition behind one of the drawers and some photographs of Monette with friends inside another. On the headboard of the bed…

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