PEOPLE v. BAUTISTA

Nos. H024442, H026395.

8 Cal.Rptr.3d 862 (2004)

115 Cal.App.4th 229

The PEOPLE, Plaintiff and Respondent, v. Dave BAUTISTA et al., Defendants and Appellants. In re Dave Bautista, on Habeas Corpus.

Court of Appeals of California, Sixth District.

As Modified February 17, 2004.

Review Denied April 14, 2004.


Attorney(s) appearing for the Case

Sixth District Appellate Program, In association with Meredith Fahn, for Defendant/Appellant/Petitioner: Dave Bautista.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Catherine A. McBrien, Deputy Attorney General.

By appointment of the court of appeal Rex Williams, for Defendant/Appellant: Michael Bautista.


PREMO, J.

Brothers and co-defendants Dave and Michael Bautista (Dave and Michael)1 appeal their conviction of possession of marijuana for sale based upon their guilty pleas after their motion to quash a search warrant and suppress evidence was denied by the trial court. On appeal, both contend that the court erred in finding that a Drug Enforcement Administration (DEA) officer did not impermissibly...

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