Codinha

People v. Codinha

Good Law
138 Cal. App. 3d 167·187 Cal. Rptr. 682·1982 Cal. App. LEXIS 2220
Court of Appeal of CaliforniaDecember 15, 1982Crim. No. 13420California2,510 words

Opinion

Lead Opinion

Staniforth, J.

After unsuccessful motions to suppress evidence and traverse search warrant (Pen. Code, § 1538.5), defendant Joseph Codinha pleaded guilty to possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a)), a lesser included offense to the charge contained in the information (Health & Saf. Code, § 11378). Codinha was placed on three years’ probation conditioned upon service of 110 days in jail.

Facts

San Diego police officer William M. Graham had arrest warrants for Frank Wayne (traffic offense), Douglas Elmo Cannon (narcotic offense) and David Bísese (traffic offense) at 5210 Quince Street, San Diego. Graham received information from a neighbor (Shanberger) that a gold Cadillac registered to Bísese was often parked in front of this address. The neighbor also said a three-wheel motorcycle found to be registered to Frank Wayne was commonly parked in the garage. She had seen the vehicle there on the previous weekend (four days before). Four months earlier another car was seen on at least two occasions at the residence, believed to be a car driven by Cannon. 1 The neighbor told the officer Codinha was the “principal” resident and another individual named David…

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