Green

People v. Green

Good Law
1994 Cal. App. LEXIS 602·25 Cal. App. 4th 1107·30 Cal. Rptr. 2d 812·30 Cal. Rptr. 812·94 Daily Journal DAR 8015
Court of Appeal of CaliforniaJune 10, 1994B078258California936 words

Opinion

Opinion

Gates, J.

Derrick Green, also known as Steven Wade, appeals from the judgment entered following a negotiated plea of guilty to possession for sale of a controlled substance (Health & Saf. Code, § 11351) and an admission to having served a prior term of imprisonment within the meaning of Penal Code section 667.5, subdivision (b). He contends: “The trial court committed reversible error in denying appellant’s motion to suppress the evidence found underneath the car in which he was a passenger.”

The uncontradicted evidence established that during the execution of a search warrant on September 3, 1992, Deputy Sheriff Russell Bailey, a highly experienced narcotics officer, found cocaine, firearms, a gram scale and a brown paper bag filled with numerous baggies in the home of one Adrian Lathan, a probationer who admitted he sold cocaine from his residence.

Subsequently, as part of an ongoing investigation, the deputy placed Lathan’s house under surveillance on February 3, 1993. While he watched the residence, a Cadillac pulled up and appellant, Lathan and the driver got out. The three of them rushed into Lathan’s home after initially hesitating in front of the house and “looking side…

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