Zabelle
People v. Zabelle
Opinion
Opinion
Sims, J.
Following the denial of his motion to suppress (Pen. Code, § 1538.5), defendant Michael St. Clair Zabelle pleaded no contest to a charge of possession of heroin for sale. (Health & Saf. Code, § 11351.)
Sentenced to state prison, defendant appeals, contending his motion to suppress was erroneously denied. We shall affirm the judgment.
Facts
Defendant’s motion to suppress was adjudicated following a special hearing in superior court. The relevant evidence adduced upon that hearing (People v. Neighbours (1990) 223 Cal.App.3d 1115, 1119-1120 [ 273 Cal.Rptr. 32 ]) is as follows:
About 4 p.m. on October 10, 1995, Norvall and his partner were in the Delta Hotel to investigate narcotics activity going on in room 100 or 101.
While walking down a common hallway of the hotel, Norvall noticed that the door to room 208 was wide open. When Norvall looked into the room from the hallway, he saw defendant seated on the bed with his face lying on a dresser at the foot of the bed. Defendant was in a fetal position, and Norvall could not see defendant’s hands nor whether defendant might have anything in his hands. Defendant’s eyes were closed; he appeared to be asleep.