Granados

People v. Granados

Good Law
16 Cal. App. 4th 517·1993 Cal. App. LEXIS 603·20 Cal. Rptr. 2d 131·93 Daily Journal DAR 7350·93 Cal. Daily Op. Serv. 4326
Court of Appeal of CaliforniaJune 10, 1993No. B067804California678 words

Opinion

Lead Opinion

Gustavo Rojas Granados appeals from the judgment entered upon his plea of no contest to possession of money or instruments in excess of $100,000 involved in the unlawful sale or purchase of cocaine (Health & Saf. Code, § 11370.6, subd. (a)), following the denial of his motion to declare the statute under which he was charged unconstitutional. He contends: “Section 11370.6 of the Health and Safety Code violates article one section seven of the California Constitution and the Fifth and Fourteenth Amendments to the United States Constitution.”

The record reflects that on November 4, 1991, appellant, while under surveillance by police officers, was observed transferring a black vinyl bag from his automobile to the van of a man and woman he met at a restaurant. The man then shook hands with appellant and drove away. The officers *519 followed and observed excessive speed violations as the man drove through residential neighborhoods. After approximately five minutes, the van stopped. The woman passenger left the van carrying the black vinyl bag and ran towards an apartment complex. She was detained, and $200,000 in United States currency was discovered in the black bag.…

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