People v. Gee

Opinion

AULT, J.

A jury found Melvin Lewis Gee guilty of possessing marijuana (Health & Saf. Code, § 11357), possessing controlled substances (Health & Saf. Code, § 11377), and possessing a sawed-off shotgun (Pen. Code, § 12020). He was granted probation for three years, conditioned upon serving one year in the custody of the sheriff.

[102]

On appeal Gee contends his convictions should be reversed because the magistrate at the preliminary hearing erroneously overruled his objection to the admission of evidence found in his bedroom at the time of his arrest We conclude that Gee may not raise this issue on appeal, and affirm the judgment.

Discussion

At the preliminary hearing Gee’s attorney objected to the introduction into evidence of the contraband and gun found in his bedroom on the ground the items had been illegally seized. The objection was overruled, the contraband and gun were received in evidence, and Gee was held to answer in the superior court.

Relying on

People

v.

Triggs,

8 Cal.3d 884 [106 Cal.Rptr. 408, 506 P.2d 232], Gee maintains his objection at the preliminary hearing preserved the search and seizure issue and that this court must weigh and consider the propriety of the magistrate’s evidentiary ruling. Under the circumstances here, we conclude the case relied upon is not applicable and that the search and seizure issue has been waived.

Gee made no motion to suppress evidence under Penal Code section 1538.5 in either the municipal or the superior court. He did not move to quash the information under Penal Code section 995. At his superior court trial, his attorney not only refrained from objecting to the admission of the contraband and gun, but affirmatively stated that he had “no objection” to their being received in evidence.

1

It is apparent the superior court was never made aware that Gee claimed the evidence was illegally seized. The preliminary hearing transcript, upon which Gee now relies, was never presented to that court for its ruling.