Vasquez

People v. Vasquez

Good Law
14 Cal. App. 4th 1158·18 Cal. Rptr. 2d 277·1993 Cal. App. LEXIS 363·93 Daily Journal DAR 4334·93 Cal. Daily Op. Serv. 2559
Court of Appeal of CaliforniaApril 5, 1993No. H009834California1,992 words

Opinion

Lead Opinion

Wunderlich, J.

Statement of the Case

Defendant Francisco Javier Vasquez appeals from a judgment entered after the trial court found him guilty of possession of marijuana for sale and *1161 two counts of selling marijuana. (Health & Saf. Code, §§ 11359, 11360, subd, (a).) On appeal, he claims the court erred in denying his motion to suppress marijuana seized from him. We affirm the judgment.

Facts

At approximately 2:30 p.m. on November 26, 1991, Officer Gilbert Torres of the San Jose Police Department was on Welch Avenue, an area known for providing “curb service” drug sales. He observed defendant make contact with the occupants of three or four separate cars. Each time, defendant would take something from his right rear pocket, give it to the vehicles’ occupants, and receive something in exchange, which he would then place in his wallet. Torres believed defendant was selling drugs.

Torres radioed Officer Michael Richmond, who was on uniformed patrol nearby, said he had observed some drug transactions, described defendant, and told Richmond to detain him. Richmond drove down Welch Avenue, saw defendant, stopped, and got out of the patrol car. He then asked defendant to come over to…

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