Court of Appeal for Ontario

Date: 2018-04-18 Docket: C61625

Judges: Benotto, Brown and Miller JJ.A.

Between

Her Majesty the Queen Respondent

and

Fred Rojas-Machuca Appellant

Counsel

For the Appellant: Cate Martell

For the Respondent: Xenia Proestos and Brigid Luke

Heard and Released Orally: April 18, 2018

Appeal Information

On appeal from the conviction entered on December 4, 2015 by Justice Robert P. Villeneuve of the Ontario Court of Justice.

Reasons for Decision

[1] Grounds of Appeal

The appellant was convicted of possession of cocaine for the purpose of trafficking, possession of marijuana, and possession of stolen property. He appeals on the basis that the evidence obtained during the execution of a search warrant at his residence should have been excluded. He submits that the reviewing justice erred in considering the sufficiency of the Information to Obtain (ITO).