People v. Harris

Opinion

WHITE, P. J.

Defendant and appellant Craig Robert Harris appeals from the judgment of the Superior Court of Santa Clara County entered after appellant pled guilty to a violation of Health and Safety Code section 11550, subdivision (b) (under the influence of PCP). Appellant contends on appeal that he was unlawfully detained.

Appellant’s Penal Code section 1538.5 motion was based on the evidence taken at the preliminary hearing; accordingly, the following statement of facts is taken from the preliminary hearing transcript. Officer Chavarria was a San Jose police officer who was on patrol…