P. v. Scally
Filed 8/7/06 P. v. Scally CA2/8
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| THE PEOPLE, Plaintiff and Respondent, v. TONY EUGENE SCALLY, Defendant and Appellant. | B183867 (Los Angeles County Super. Ct. No. BA274780) |
APPEAL from the judgment of the Superior Court of Los Angeles County. Anita H. Dymant, Judge. Reversed.
Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and David E. Madeo, Deputy Attorneys General, for Plaintiff and Respondent.
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Tony Scally appeals from the judgment following his conviction for selling cocaine. We reverse.
FACTS AND PROCEDURAL BACKGROUND
At a bench trial held on April 12, 2005, appellant and respondent agreed that the case would be tried on the police report and the transcript of a Penal Code section 1538.5 hearing at which Los Angeles Police Officer Michael Saragueta was the only witness.
The transcript of the suppression hearing revealed that on a November evening in 2004, undercover Officer Saragueta approached James Teague (Teague) on the corner of La Brea and Sunset and asked him for $25 worth of rock cocaine. Teague escorted Officer Saragueta along Sunset, where appellant was located. Teague asked appellant for â€
