P.v . Kekaula
On November 14, 2005, a complaint was filed in the Kern County Superior Court charging appellant, Kwame Kekaula, with, in count 1, a violation of Health and Safety Code section 11359 (possession of marijuana for sale); in count 2, a violation of Health and Safety Code section 11378 (possession of a controlled substance for sale); and, in count 3, a violation of Penal Code section 12021, subdivision (a)(1) (felon in possession of a firearm). It was further alleged that a principal was armed with a firearm in the commission of the offense charged in count 1 (Pen. Code, 12022, subd. (c)) and that appellant was armed with a firearm in the commission of the offenses charged in count 2 (Pen. Code, 12022, subd. (a)(1)). On December 19, 2007, appellant filed a request for a certificate of probable cause on the sole ground that the search and seizure was illegal. On the same date, the trial court issued the certificate of probable cause.
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