P. v. Hernandez
Refugio Hernandez appeals a judgment following his jury conviction of one count of possession of marijuana for sale (Health & Saf. Code, § 11359) and one count of attempted transportation of marijuana (Health & Saf. Code, § 11360). On appeal, he contends: (1) the trial court erred by denying his Penal Code section 1538.5 motion to suppress evidence of marijuana seized from a trailer in violation of his right against unreasonable searches and seizures under the Fourth Amendment to the United States Constitution; (2) the trial court erred by denying his motion to exclude test results of samples taken from packages without a sufficient showing of chain of custody; (3) the evidence is insufficient to support findings he was guilty of the charged offenses; and (4) the trial court abused its discretion by imposing a three-year upper term for his conviction of possession of marijuana for sale.
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