P. v. Garrett CA3
After the trial court denied her motion to suppress evidence (Pen. Code, § 1538.5), defendant Joyce Mignon Garrett pleaded no contest to misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Under the terms of the plea agreement, defendant was given three years’ probation and was ordered to serve 120 days in jail.
Defendant contends that the court erred in denying her motion to suppress. She also asks us to independently review the sealed record of the hearing on her Pitchess motion to confirm that no discoverable evidence existed concerning the searching deputy’s propensity for dishonesty, acts of moral turpitude, excessive force or false reporting. We conclude the trial court properly denied the motion to suppress, and, having reviewed the sealed transcript of the Pitchess hearing, we conclude that no additional information was discoverable under Pitchess and its progeny. We therefore affirm the judgment.
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