P. v. Novak CA3
In March 2016, defendant Christopher Scot Novak pleaded no contest to misdemeanor allowing a place for the storing or processing or cultivation of a controlled substance. (Health & Saf. Code, § 11366.5, subd. (a).) Per the parties’ agreement, the trial court suspended imposition of the sentence and granted defendant three years’ probation with 90 days in county jail. The remaining counts were dismissed.
On appeal, defendant contends (1) the trial court erred in denying his motion to traverse the search warrant and not holding an evidentiary hearing based on material omissions and misrepresentations in the affidavit and (2) the trial court erred in granting the prosecutor’s motion to quash the subpoena duces tecum for records from Western States Information Network (WSIN). We conclude there was sufficient evidence in the affidavit to establish probable cause for the search warrant and no material omissions or misrepresentations in the affidavit.
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