P. v. Wilen
Defendant Michael Claude Wilen is a lifetime criminal. In late 2005, he and Thomas Bonnetta were discovered operating a methamphetamine lab in Bonnettas home. As a result of this discovery, Wilen and Bonetta were charged with numerous drug-related charges; the information also had equally numerous enhancement allegations based on their considerable number of past convictions.
Pursuant to Franks v. Delaware (1978) 438 U.S. 154 (Franks), Wilen moved for an evidentiary hearing to traverse and quash the search warrant used to search the house. The trial court denied the motion on the ground that it was procedurally deficient. Wilen and Bonnetta then plead guilty to all of the charges and admitted all of the enhancement allegations against them, following which Wilen was sentenced to state prison for an aggregate term of six years and eight months.
Wilen filed a timely notice of appeal. His sole contention is that his motion was erroneously denied. Court conclude there was no error in the trial courts ruling. However, the People also appealed, and we have concluded in A115732, filed on November 15, 2007, that imposition of the sentences for Wilen and Bonnetta were defective because the trial court did not comply with the formalities required by Penal Code section 1385. Accordingly, Court reverse as to the sentence but otherwise affirm the judgment of Wilens conviction.
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