Macdonald v. San Diego State University

The appeal before us is from a judgment rendered against appellant upon his plea of guilty to possession of amphetamines for sale (Health & Saf. Code, § 11378). He had first entered pleas of not guilty to each of three counts alleging (1) possession of phenobarbital for sale (Health & Saf. Code, § 11378), (2) possession of amphetamines for sale (Health & Saf. Code, § 11378) and (3) planting, cultivating, harvesting, drying and possession of marijuana (Health & Saf. Code, § 11358). He then moved under Penal Code section 1538.5 to suppress physical evidence as to each count and to traverse the search warrant. When the motion was denied, he withdrew his plea of not guilty and pleaded guilty to one of the counts; the other counts were dismissed.