Samples

People v. Samples

Good Law
1996 Cal. App. LEXIS 800·48 Cal. App. 4th 1197·56 Cal. Rptr. 2d 245·96 Daily Journal DAR 10210·96 Cal. Daily Op. Serv. 6267
Court of Appeal of CaliforniaAugust 21, 1996A069644California6,451 words

Opinion

Opinion

Haerle, J.

I. Introduction

David A. Samples (Samples) was charged with transportation of methamphetamine (Health & Saf. Code, § 11379, subd. (a)) (count 1), possession of methamphetamine for sale (Health & Saf. Code, § 11378) (count 2), and possession of narcotics paraphernalia, a misdemeanor (Health & Saf. Code, § 11364) (count 3.) Samples initially pleaded not guilty. After his suppression motion was denied, Samples withdrew his plea of not guilty and entered a conditional plea of guilty to possession of methamphetamine, a lesser included offense under count 2 of the indictment. His sole contention on appeal is that his motion to suppress was improperly denied. (Pen. Code, § 1538.5.) We affirm.

II. Factual and Procedural Background

On June 14, 1994, a search warrant, attested to by Agent Marcus Young (Agent Young) of the Mendocino County wide Narcotics Task Force, was issued. The warrant authorized the search of an apartment located at 4-B Louise Court, Ukiah, as well as the searches of two residents of that apartment, Dawn Carlesen (Carlesen) and Freddie Barnett (Barnett), for methamphetamines, drug paraphernalia, and other evidence which might establish possession of…

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