P. v. Brown
After a mistrial following a hung jury, defendant Joedon Brown was tried a second time and convicted of possession of methamphetamine (count 1; Health & Saf. Code, § 11377, subd. (a)). In a bifurcated proceeding, the jury also found true allegations that defendant had three prior convictions and one strike prior. The trial court granted defendant's motion to dismiss his strike prior pursuant to Penal Code section 1385. The court sentenced defendant to four years four months in state prison.
Defendant appeals from judgment entered following his jury conviction for possession of methamphetamine. He contends the trial court erred in denying his motion to suppress evidence seized after he was unlawfully detained and searched in violation of his federal constitutional Fourth Amendment rights. Defendant also contends the trial court erred in denying his motion to dismiss under Brady v. Maryland (1963) 373 U.S. 83, 87 (Brady), and erred in allowing prejudicial evidence revealing that defendant was on parole.[1]
We conclude the trial court did not abuse its discretion in denying defendant's motions to dismiss and suppress evidence. There also was no abuse of discretion in allowing evidence of defendant's parole status since the evidence showed that defendant's search was lawful and refuted defendant's police misconduct allegations. We thus affirm the judgment.
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