People v. Newell CA1/3

Filed 7/23/25 P. v. Newell CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A171616 v. JEFFREY EDWARD NEWELL, (Humboldt County Super. Ct. No. CR2202174) Defendant and Appellant.

In issuing a warrant for a search of defendant Jeffrey Edward Newell’s residence, a magistrate sealed an excerpt of the search warrant affidavit’s statement of probable cause pursuant to People v. Hobbs (1994) 7 Cal.4th 948 (Hobbs). When the warrant was executed, police found various narcotics, paraphernalia indicating an intent to sell, and a shotgun in Newell’s bedroom. Newell filed a motion to unseal the statement of probable cause and to traverse and quash the warrant and a sealed section from a prior warrant (Hobbs motion). Following an in camera hearing, the trial court denied the motion. On appeal, Newell requests this court to review the sealed statement of probable cause to determine whether the trial court erred in denying his Hobbs motion. Having done so, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND The Humboldt County Drug Task Force served a search warrant at Newell’s residence. Officers found three-quarters of a pound of methamphetamine, several prepackaged ounce and half-ounce bags of methamphetamine, a digital scale, additional packaging material, a baggie of heroin, and a loaded 12-gauge shotgun. Newell admitted owning the narcotics, but claimed they were for personal use, and denied knowledge of the shotgun. The Humboldt County District Attorney filed an information charging Newell with possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a); count 1), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1); count 2), possession for sale of a controlled substance (Health & Saf. Code, § 11378; count 3), and misdemeanor possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a); count 4). Newell filed motions to (1) quash and traverse the warrants, and (2) disclose the sealed portions of the affidavit in support of the warrants. The trial court reviewed the sealed affidavits pursuant to Hobbs, supra, 7 Cal.4th 948, found the affidavits established probable cause, and denied the motion to quash/traverse. The court also denied the motion to disclose the sealed portions of the affidavits. Newell subsequently pled guilty to possession for sale of a controlled substance (count 3), and the remaining counts were dismissed. The trial court sentenced Newell to a two-year midterm sentence. Newell timely appealed and obtained a certificate of probable cause.