People V. Carrillo

TOBRINER, J. Charged by information with possession of heroin for sale (Health & Saf. Code, § 11500.5) defendant waived a jury trial; the court found him guilty of possession of heroin, a lesser but necessarily included offense (Health & Saf. Code, § 11500). Defendant now seeks reversal of his conviction, contending that it rests upon evidence obtained in an illegal search and upon a confession obtained in violation of his rights to counsel and to remain silent. As we explain below, both of the theories upon   which defendant challenges the legality of the search depend upon disputed questions of fact decided adversely to him in the trial court; as to the confession, the record shows that defendant confessed spontaneously, not as the result of interrogations designed to elicit incriminating statements.