Avalos

Appellant Steven Avalos was charged by information with a violation of Health and Safety Code section 11383, subdivision (a) 1 (possession of components with intent to manufacture methamphetamine) and a violation of section 11378 (possession of methamphetamine for sale). Appellant pleaded not guilty, and thereafter moved to suppress evidence pursuant to Penal Code section 1538.5 and to dismiss the information pursuant to Penal Code section 995. The motions were denied. Appellant thereafter waived a jury trial and submitted the case on the preliminary hearing transcript. The court found him guilty of a section 11378 violation (possession for sale) but not guilty of a section 11383, subdivision (a), violation (possession with intent to manufacture).

On appeal, appellant contends that the trial court erred in refusing to suppress evidence obtained as a result of an alleged unlawful warrantless search of his residence. He also contends that, although the evidence arguably supports a conviction for simple possession of methamphetamine, the evidence does not support a conviction for possession for sale.

*1520 I. Facts

The motions to suppress evidence and to dismiss the…