P. v.Crosby
Following denial of his motions to quash a search warrant and to strike a prior conviction, appellant LaKeith Cornae Crosby pled no contest to one count of possession of marijuana for sale (Health & Saf. Code, 11359) and admitted that he suffered a prior serious felony conviction (Pen. Code, 246).[1]The trial court sentenced him to four years in state prison, doubling the mid term of two years pursuant to section 1170.12, subdivisions (a) through (d) and 667, subdivisions (b) through (i).
Appellant contends that the search of his residence and resulting seizure of 13 pounds of marijuana was unlawful because the warrant delegated authority to law enforcement officers to determine whether probable cause existed to search an adjacent residence, because the warrant authorized an overbroad search for evidence of street gang membership, and because the magistrate relied upon information that was derived from an illegal search of a third person, conclusory statements, stale information and incorrect statements about appellant's criminal history in determining whether probable cause existed to support the warrant. Appellant also contends that the court erred when it denied his motion to strike his prior conviction. Court affirm.
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