People v. Berry

Opinion

THAXTER, J.

Appellant Lisa Lynne Berry was convicted by a jury on one count of possession of methamphetamine for sale, a violation of Health and Safety Code section 11378. She raises only one issue on appeal, claiming her trial counsel was ineffective because of his failure to move for suppression of the fruits of Berry’s un-Mirandized 1 statement after successfully excluding the statement itself. We will hold that the challenged evidence was admissible under the inevitable discovery doctrine; thus, a suppression motion would have been futile so the failure to move was not ineffective…