(Download) "Sorensen v. Allred" by Fifth Appellate District Court of Appeal of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Sorensen v. Allred
- Author : Fifth Appellate District Court of Appeal of California
- Release Date : January 26, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Defendant, C. E. Green, appeals from a judgment entered on jury verdicts finding him guilty of one count of possession of heroin for sale (Health & Saf. Code, § 11351) and one count of possession of a concealable firearm by an ex-felon (Pen. Code, § 12021, subd. (a)). His major contentions on appeal are that: 1) evidence seized from his apartment and its storeroom was the fruit of an illegal search, as the affidavit failed the reliability prong of Aguilar v. Texas (1964) 378 U.S. 108 [12 L.Ed.2d 723, 84 S.Ct. 1509]; 2) there was no probable cause to search the separate storeroom; and in any event, the search violated his right to privacy; 3) the court erred in denying, pursuant to Evidence Code section 1042, subdivision (b), his motion to disclose the identity of the various informants, as each was a material witness; and 4) the court erred in permitting the prosecution to prove his prior burglary conviction to the jury after his admission of the prior in a pretrial hearing, pursuant to People v. Hall (1980) 28 Cal. 3d 143 [167 Cal. Rptr. 844, 616 P.2d 826]. For the reasons set forth below, we have concluded that although Hall applies retroactively to the instant case, the error was not prejudicial and the judgment must be affirmed.