P. v. Lu
Filed 2/6/07 P. v. Lu CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. THANH THANH LU, Defendant and Appellant. | H030400 (Santa Clara County Super. Ct. No. CC618465) |
In a plea negotiated after denial of his Penal Code section 995[1] motion to dismiss the information, defendant Thanh Thanh Lu pled no contest to an amended information charging one count of harboring, concealing or aiding Hoang Nguyen in the commission of felony cultivation of marijuana in violation of section 32. On appeal, he claims the trial court erred in denying the section 995 motion because there was insufficient evidence of a conspiracy as alleged in the original information.
FACTS
On October 14, 2004, the Milpitas fire department responded to a report of smoke coming from the garage at 1440 El Camino Higuera in Milpitas and found an â€