People v. Tidalgo

Opinion

ZENOVICH, Acting P. J.

The issue before us concerns the correctness of the lower court’s dismissal of the proceeding on the basis that a search exceeded the terms of the search condition contained in respondent’s terms of probation. For reasons which follow, we conclude the dismissal was proper.

Respondent was charged with unlawfully possessing marijuana for sale in violation of Health and Safety Code section 11359. After the municipal court denied his suppression motion and held him to answer on the charge, respondent renewed his suppression motion in superior court, coupling it with a…