People v. Evans

Opinion

BROWN (G. A.), P. J.

Pursuant to a plea bargain appellant, Robert Donald Evans, pleaded guilty to possession of marijuana for sale (Health & Saf. Code, § 11359). He appeals from the judgment, raising search and seizure issues pursuant to Penal Code section 1538.5, subdivision (m).

Determinative of the cause is our conclusion that the police officers did not have sufficient justification to stop and detain appellant and his codefendant, who was driving a pickup in which appellant was a passenger, and in the bed of which pickup there were approximately 25 pounds of marijuana. The plea and…