P. v. OHara
After his motion to suppress evidence pursuant to Penal Code section 1538.5 was denied, defendant Jesse OHara agreed to have the trial court decide the issue of his guilt or innocence on the basis of the preliminary examination transcript. The court found defendant guilty of possessing methamphetamine (Health & Saf. Code, 11377, subd. (a)), and a device for smoking that substance (id., 11364, subd. (a)). At defendants request, the court then immediately suspended imposition of sentence and admitted defendant to Proposition 36 probation (Pen. Code, 1210.1) for three years upon specified conditions.
Defendant appeals, contending that: (1) his suppression motion was erroneously denied because his arrest was not made with probable cause, and (2) the evidence was insufficient to show that he was in possession of the smoking device. Court reject both contentions and affirm.
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