P. v. DelReal
A jury convicted Nicholas DelReal III of transportation of a controlled substance (Health & Saf. Code, § 11379, subd. (a)), possession of a controlled substance for sale (Health & Saf. Code, § 11378), possession of 28.5 grams or more of methamphetamine for sale (Health & Saf. Code, § 11378; Pen. Code, § 1203.073, subd. (b)(2)),[1] possession of a short-barreled shotgun (former § 12020, subd. (a)(1)),[2] possession of a firearm by a felon (former § 12021, subd. (a)(1)),[3] and possession of Oxycodone (Health & Saf. Code, § 11350, subd. (a)). As to the possession of methamphetamine for sale conviction, the jury also found true an allegation DelReal was personally armed with a handgun (§ 12022, subd. (c)). DelReal subsequently admitted having a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12). The trial court sentenced him to 11 years in prison.
DelReal appeals, contending we must reverse his conviction because the trial court erroneously denied his pretrial motion to suppress the evidence against him. He further requests we independently review the search warrant to determine whether the affidavit supporting it was properly sealed and whether the affidavit contained information that should have been disclosed to DelReal to ensure he had a fair trial.
We conclude the trial court properly denied DelReal's suppression motion. We further conclude the affidavit supporting the search warrant was properly sealed and nothing in it required disclosure for DelReal to have a fair trial. We, therefore, affirm the judgment.
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