People v. Liang CA1/5

I. FACTS AND PROCEDURAL HISTORY

Liang was charged with cultivating marijuana (Health & Saf. Code, § 11358), possessing marijuana for sale (Health & Saf. Code, § 11359), and stealing utility services from “PG&E” (Pen. Code, § 498, subd. (d)). The events leading up to these

1 charges, as well as Liang’s motions to suppress evidence and his no contest pleas, were summarized in our unpublished opinion in a prior appeal (case No. A134581). We first revisit those matters for context, and then describe the ensuing proceedings.

A. Background From Prior Appeal 1. Facts In the prior appeal, we summarized the facts as follows. “On December 18, 2008, Daly City police responded to a residence at 365 Frankfort Street at the request of the owner, Holly Wong (Wong). Police spoke with Wong inside the garage to the residence, and she told them she had been trying for over a month to contact the tenants who leased the residence from her. She asked the officers to enter the residence to ensure that no one was inside. “Wong said that, in an attempt to contact the tenants, she and her father had entered the residence earlier that day through an unlocked door in the garage. She smelled marijuana…