P. v. Violante
Filed 7/28/06 P. v. Violante CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. JOSE JORGE VIOLANTE, Defendant and Appellant. |
F048511
(Super. Ct. No. BF107815A)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. John I. Kelly and James M. Stuart, Judges.*
William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Brian Alvarez and William K. Kim, Deputy Attorneys General, for Plaintiff and Respondent.
This is an appeal from a judgment of conviction entered after a jury trial. Defendant Jose Jorge Violante was convicted of violation of Health and Safety Code section 11378, possession of methamphetamine for sale, and certain enhancement allegations were found true. Defendant was sentenced to a prison term of 13 years. The sole issue on this appeal involves the trial court's denial of defendant's suppression motion. We will affirm the judgment.
Facts and Procedural History
On September 29, 2004, police executed a search warrant at 1421 East 10th Street in Bakersfield. After police entered the house, defendant acknowledged one of the bedrooms was his. Police found just over a kilogram of methamphetamine hidden in a locked closet in that bedroom.
The search warrant was based on events surrounding a sale of methamphetamine by a person named â€