Pacchioli

People v. Pacchioli

Good Law
12 Cal. Rptr. 2d 156·1992 Cal. App. LEXIS 1146·9 Cal. App. 4th 1331·92 Daily Journal DAR 13171·92 Cal. Daily Op. Serv. 8074
Court of Appeal of CaliforniaSeptember 25, 1992D014227California3,619 words

Opinion

Opinion

Huffman, J.

Richard Joseph Pacchioli appeals from the judgments of two separate drug convictions and enhancements, and the four-year, eight-month prison term imposed for them. He contends the trial court improperly denied his Penal Code section 1538.5 motions to suppress evidence in each case, improperly denied his motion to discover the confidential informant in the second case, and improperly imposed a sentence which violates the double-the-base-term limitation of section 1170.1, subdivision (g). Pacchioli also complains that during the trial of the first case, he was deterred from testifying because of an erroneous evidentiary ruling by the trial court and was prejudicially harmed by prosecutorial misconduct during the closing arguments. As explained below, we affirm.

Procedural Background and Summary

Pacchioli was originally charged by information in San Diego Superior Court case number CRN16862 with the possession and the possession for sale of methamphetamine (meth) (Health & Saf. Code, §§ 11377, subd. (a), 11378) stemming from the drugs found in the search of his property on September 19, 1989. He was also alleged to be personally armed with a firearm at the time of the…

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