P. v. Barham CA5
The District Attorney of Kern County filed an information on October 24, 2018, charging defendant Danny Lee Barham with unlawfully manufacturing a controlled substance (Health & Saf. Code, § 11379.6, subd. (a).) Defendant pleaded not guilty.
On November 20, 2018, defendant moved to suppress the evidence seized from a warrantless search of his residence pursuant to Penal Code section 1538.5. The prosecutor opposed the motion, justifying the search based upon the search terms of defendant’s probation. The trial court heard evidence relating to defendant’s motion on December 6, 2018, and denied the motion thereafter. A jury convicted defendant on March 7, 2019, after a five-day trial.
On April 8, 2019, the trial court denied probation and sentenced defendant to the upper term of seven years, with defendant serving two years in county jail and the remainder on mandatory supervision pursuant to section 1170, subdivision (h)(5)(B).
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