P. v. Robbins

Filed 7/17/06 P. v. Robbins CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FOUR

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark C. Kim and James B. Pierce, Judges. Affirmed.

Law Offices of Joseph Shemaria and Joseph Shemaria for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lance E. Winters and Laura J. Hartquist, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant was convicted, by plea, of possession of a controlled substance, methamphetamine (Health & Saf. Code, § 11378). In addition, it was pled that appellant had served a prior prison term pursuant to Penal Code section 667.5, subdivision (b). On appeal, appellant challenges the denial of his motion to quash the subpoena utilized to search the residence where he was living and the controlled substances were discovered. We find no error and we affirm.

FACTS

Long Beach Police Detective Gregory A. Roberts triggered issuance of the search warrant for 4742 Hersholt Avenue, Long Beach, where the contraband was discovered in a room occupied by appellant. His affidavit supported the warrant and disclosed the following information.

On May 14, 2004, Roberts was contacted by United States Postal Inspector Susan Felado, who told Roberts that a package sent to Guam by John Allen Lewis, who lived at 2715 East 218th Street in Carson, contained over 200 grams of methamphetamine. She was expecting that another package of methamphetamine would be mailed by Lewis on May 17, 2004. Detective Roberts â€