People v. Rodgers

*511Opinion

KAUS, P. J.

Defendant Richard G. Rodgers and his brother, Joseph, were charged with conspiracy to possess heroin for sale (count I) and with possession for sale (count II). After a court trial, defendant was convicted on count II, possession for sale, and his brother was acquitted on both counts. Defendant was placed on probation.

At defendant’s preliminary hearing, certain evidence found in his house was suppressed. The magistrate, however, refused to suppress heroin found on defendant’s person. In the superior court, a motion to suppress the evidence under section 1538.5 was also…