People v. Olivarez

Defendant Rene Olivarez was convicted, following a bench trial, for cannabis trafficking and possession of cannabis with intent to deliver. The trial judge sentenced him to eight years’ imprisonment. On appeal, Olivarez argues that: (1) the cause should be remanded for a finding of fact as to whether the encounter between him and the police was consensual; (2) his sentence must be vacated and the cause remanded because both parties did not agree to the sentence and a presentence report was not presented to or considered by the court prior to imposition of sentence; (3) the offense of…