People v. Black

Opinion

CHANNELL, J.

After a court trial, appellant John Nicholas Black was convicted of receiving stolen property (Pen. Code, § 496); possession of

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marijuana for sale (Health & Saf. Code, § 11359);

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possession of codeine (§ 11350, subd. (a)); possession of psilocybin (§ 11377); and two counts of possession of methamphetamine for sale (§ 11378). He was sentenced to four years and four months in state prison.

On appeal, Black contends that; (1) a search warrant affidavit did not establish probable cause; (2) failure to disclose an informant’s identity deprived him of a fair trial; (3) the search of a Winnebago mobilehome was illegal; and (4) insufficient evidence supports one of his convictions for possession of methamphetamine for sale. We reject each contention and affirm the judgment.

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1. Probable Cause to Issue Search Warrant

III. Mobilehome Search

In the early morning hours of November 10, 1982, Officer James Jacobson of the Concord Police Department was on routine patrol when he noticed a slow-moving Winnebago mobilehome twice cross the center divider line. He recognized the driver as John Black. When he turned to follow the vehicle, Black began to drive faster than the speed limit, made an unsignaled turn, stopped the vehicle, and turned out its lights. The vehicle was also missing the front license plate.

Jacobson left his patrol car, went up to the front of the Winnebago, and shined his flashlight inside. The Winnebago appeared to be empty, but a curtain was drawn in the back. Believing Black was driving under the influence, Jacobson twice ordered him to step out of the vehicle without receiving a response. Officer Theodore M. Spy row, who joined Jacobson, knocked on the rear window of the Winnebago and called for Black, who stepped out. Black appeared to be intoxicated and Jacobson administered a field sobriety test.