P. v. Perry
Defendant appealed after he was placed on probation following his plea. His counsel has asked this court for an independent review of the record to determine whether there are any arguable issues. (People v. Wende (1979) 25 Cal.3d 436.) After denial of his motion to suppress below, defendant pleaded no contest to one felony count of unlawful possession of a controlled substance (Health & Saf. Code, 11350, subd. (a)). He was placed on probation for two years on the condition that he successfully complete a Proposition 36 rehabilitation program. According to evidence presented at a combined preliminary hearing and hearing on defendants motion to suppress pursuant to Penal Code section 1538.5,[1] Officer Charles Blazer was conducting a narcotics investigation with Detective Phil Galer around 4:00 p.m. on August 21, 2008, in Pittsburg. They were focusing on a specific person (not defendant), who was in a wheelchair. Over the course of about 45 minutes, Officer Blazer saw people he recognized from prior contacts drive up, and the man in the wheelchair would approach their windows and speak to them for a short time before they drove away. At a certain point, the man in the wheelchair began waving [people] off, as if he were out of narcotics to sell. The man in the wheelchair eventually boarded a bus and traveled to a shopping mall.
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