Lieng

People v. Lieng

Good Law
119 Cal. Rptr. 3d 200·190 Cal. App. 4th 1213
Court of Appeal of CaliforniaDecember 14, 2010No. A125373; No. A125374California5,261 words

Opinion

Lead Opinion

Ruvolo, J.

*1217 Opinion

I.

INTRODUCTION

In these consolidated criminal appeals, appellant Richard Lieng appeals from his plea of no contest to one felony count of cultivation of marijuana (Health & Saf. Code, § 11358), and appellant Tony Lieng from his plea of no contest to one felony count of possession of marijuana for sale (Health & Saf. Code, § 11359). The issues raised by both appellants on appeal relate to alleged error by the trial court in denying their motions brought under Penal Code section 1538.5 (Section 1538.5), to suppress evidence seized during the execution of a search warrant at real property located in Willits, California, and to traverse/quash the warrant.

We conclude that the trial court did not err in denying appellants’ motions, and affirm the judgment and convictions.

n.

PROCEDURAL HISTORY

A criminal complaint was filed on April 18, 2008, by the Mendocino County District Attorney charging both appellants with one felony count of cultivation of marijuana (Health & Saf. Code, § 11358) and one felony count of possession of marijuana for sale (Health & Saf. Code, § 11359). Both appellants were held to answer the charges following a preliminary hearing on May 30,…

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