People v. Vanvalkenburgh

Opinion

HASTINGS, J.

In an information filed by the Los Angeles County District Attorney, appellant was charged in count I with possession of cocaine for sale (Health & Saf. Code, § 11351), in count II with possession of LSD tablets for sale (Health & Saf. Code, § 11378), in count III with cultivation of marijuana (Health & Saf. Code, § 11358) and in count IV with possession of hashish (Health & Saf. Code, § 11357, subd. (a)). Appellant initially pled not guilty, but after his motion to suppress evidence (Pen. Code, § 1538.5) was denied, he changed his plea to guilty as to count I, and the remaining counts were dismissed in the interests of justice. In May 1982, appellant was sentenced to the low term of two years in state prison. He appeals the judgment of conviction contending that the court erred in denying his motion to suppress. We affirm the judgment.

[165]

Facts

On September 25, 1980, Los Angeles County Sheriff’s deputies went to appellant’s Malibu home in response to a call complaining of a prowler on the property. Deputies failed to locate any prowlers, but they did observe eight to ten containers, each of which contained several marijuana plants. One of the officers, Deputy Lofthus, relayed his observations to Deputy Wenig, a narcotics officer, who obtained a warrant to search the home.

On September 26, 1980, Deputies Wenig and Hutton went to appellant’s home to serve the warrant. Appellant admitted the officers to the home and told them his name was Steven Vanvalkenburgh. During the ensuing search, the deputies recovered a brown vinyl bag from a closet. The bag contained a quantity of white powder resembling cocaine,

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and $10,000 in cash. Deputy Wenig decided to summon more officers to aid in the search, and asked appellant’s permission to use the phone. Appellant was also given

Miranda

rights at that time. Deputy Wenig also told appellant that he expected to receive some phone calls back, and appellant also gave permission for the officer to answer the phone.