P.

P. v. DelReal CA4/1

Good Law
Court of Appeal of CaliforniaApril 12, 2013D061457California2,819 words

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…

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