Alanis

People v. Alanis

Good Law
158 Cal. App. 4th 1467·2008 Cal. App. LEXIS 60·71 Cal. Rptr. 3d 139
Court of Appeal of CaliforniaJanuary 16, 2008No. H031059California4,400 words

Opinion

lead Opinion

Rushing, J.

*1470 Opinion

Statement of the Case

Defendant Efrain Guido Alanis appeals from a judgment entered after a bench trial, in which the court found him guilty of possessing more than 28.5 grams of methamphetamine and cocaine for sale and being a felon in possession of a firearm and further found that he possessed a firearm at the time he possessed the drugs. (Health & Saf. Code, §§ 11378, 11351; Pen. Code, §§ 1203.073, subd. (b)(1), (2), 12021, subd. (a)(1), 12022, subd. (c).)

On appeal from the judgment, defendant asks this court to review the sealed transcript of an in camera hearing and the sealed portion of a search warrant affidavit and determine whether the trial court erred in denying his motion to unseal the affidavit, suppress evidence, and disclose the identity of a confidential informant.

We conclude that the judgment is void and reverse it.

The Offenses

On March 30, 2005, undercover police agents arranged to meet defendant at a gas station in Watsonville to buy a pound of methamphetamine and a half-kilo of cocaine. When they met, defendant said he had the drugs at his house and did not want to make the sale and exchange at the station. Defendant was immediately…

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