Legal Opinion
People v. Valenzuela
California Court of Appeal
Decided September 15, 1999No. D031323PublishedCited by 1 opinion
1Opinion of the Court
Opinion
HUFFMAN, Acting P. J.
Following denial of his motion to suppress evidence (Pen. Code, § 1538.5), Lucio C. Valenzuela entered a negotiated *1204guilty plea to possessing a controlled substance (Health & Saf. Code, § 11350, subd. (a)) and admitted a strike (Pen. Code, § 667, subds. (b)-(i)). The court sentenced him to 32 months in prison (twice the lower term). Valenzuela now appeals the denial of his suppression motion. We agree with his contention he was stopped on a pretext and therefore reverse the judgment.
The People’s Evidence
For over seven years, the sale and use of controlled…
2Cases cited26 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Whren v. United StatesSupreme Court of the United States · 1996
- Delaware v. ProuseSupreme Court of the United States · 1979
- Berkemer v. McCartySupreme Court of the United States · 1984
- South Dakota v. OppermanSupreme Court of the United States · 1976
21 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. ValenzuelaCalifornia Court of Appeal · 1999