Flores

People v. Flores

Good Law
1968 Cal. LEXIS 185·68 Cal. 2d 563·68 Cal. Rptr. 161·440 P.2d 233
Supreme Court of CaliforniaMay 9, 1968Crim. No. 11946California1,974 words

Opinion

lead Opinion

Tobriner, J.

An information charged Fernando Flores and Anita Falcon with violation of Health and Safety Code section 11500.5 (possession of narcotics (heroin) for sale). Defendants waived a jury trial; the court found both guilty. The court further found that defendant Flores had suffered two prior narcotics convictions as charged. Pursuant to Penal Code section 1181, subdivision 6, the court reduced the offense as to both defendants to a violation of Health and Safety Code section 11500 (possession of narcotics) and entered judgment accordingly. Defendant Flores appeals.

Defendant seeks reversal of the judgment on the ground that it rests upon evidence obtained in the course of an illegal search of his apartment; he urges the insufficiency of the affidavit in support of a warrant authorizing the search; he contends that a police officer executed the warrant in violation of Penal Code section 1531. We shall explain why we have concluded that the affidavit set forth facts sufficiently establishing probable cause for the issuance of the warrant and that defendant waived any objection to the officer’s manner *565 of entry. We find no merit in defendant’s further contention that the trial court…

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