P.
P. v. DelReal CA4/1
Opinion
Opinion
INTRODUCTION
A jury convicted Nicholas DelReal III of transportation of a controlled substance
(Health & Saf. Code, § 11379, subd. (a)), possession of a controlled substance for sale
(Health & Saf. Code, § 11378), possession of 28.5 grams or more of methamphetamine
for sale (Health & Saf. Code, § 11378; Pen. Code, § 1203.073, subd. (b)(2)),1 possession
Further statutory references are also to the Penal Code unless otherwise stated. of a short-barreled shotgun (former § 12020, subd. (a)(1)),2 possession of a firearm by a
felon (former § 12021, subd. (a)(1)),3 and possession of Oxycodone (Health & Saf. Code,
§ 11350, subd. (a)). As to the possession of methamphetamine for sale conviction, the
jury also found true an allegation DelReal was personally armed with a handgun
(§ 12022, subd. (c)). DelReal subsequently admitted having a prior strike conviction
(§§ 667, subds. (b)-(i), 1170.12). The trial court sentenced him to 11 years in prison.
DelReal appeals, contending we must reverse his conviction because the trial court
erroneously denied his pretrial motion to suppress the evidence against him. He further
requests we independently review the search warrant to…