Cespedes

People v. Cespedes

Good Law
191 Cal. App. 3d 768·1987 Cal. App. LEXIS 1679·236 Cal. Rptr. 649
Court of Appeal of CaliforniaApril 30, 1987No. A030805California2,471 words

Opinion

Lead Opinion

Sabraw, J.

*770 Opinion

Defendant Cespedes was charged with two violations of Health and Safety Code section 11352 (sale of cocaine). After a motion to suppress evidence pursuant to Penal Code section 1538.5 was denied, defendant pled guilty to the two charges and was placed on three years probation. He appeals arguing the motion was erroneously denied. We disagree and affirm.

Facts and Procedure

The facts presented at the suppression hearing are as follows. On March 9, 1984, Berkeley and San Francisco police officers went to an address in Berkeley to effectuate an undercover drug buy. The building contained an upholstery shop in front with some type of living quarters in the back. Officer Robinson, who was carrying a transmitter, went into the building. The officer purchased one-half ounce of cocaine from defendant and then agreed he would come back at 8 p.m. to purchase another one-half ounce. The officer then walked toward the door, gave the signal “Bingo” over the transmitter to alert the other officers that the transaction was complete, and left the building. The officers waiting outside drove the police car around the back and arrested one suspect fleeing out of the back door.…

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