P. v. Maxwell
After the trial court denied defendant William Maxwell’s motion to suppress (Pen. Code, § 1538.5), a jury convicted defendant of possession of cocaine base (Health & Saf. Code, § 11350) and possession of marijuana for sale (Health & Saf. Code, § 11359). On appeal, he contends the trial court erred in denying his motion to suppress, as the search was conducted without a warrant and he was no longer on parole at the time of the search. We requested supplemental briefing on the correct calculation of defendant’s parole discharge date. Defendant subsequently requested we permit him to file an additional supplemental briefing. We granted his request.
We agree defendant was no longer on parole at the time of the search; however, as there was no evidence of reckless disregard of defendant’s constitutional rights or systemic error, we find the good faith exception to the exclusionary rule applies. Accordingly, we affirm the judgment.
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