DATE: 20041108

DOCKET: C40898

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) -and- GARTH ANTONIO EDGAR (Appellant)

BEFORE:

CATZMAN, LASKIN and BLAIR JJ.A.

COUNSEL:

Anna Martin

for the appellant

Shawn Porter

for the respondent

HEARD AND ENDORSED:

November 8, 2004

On appeal from the conviction entered by Justice Terrence P. O’Connor of the Superior Court of Justice, sitting without a jury, on October 22, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] On the evidence before the trial judge and the findings that he made, we find no error in his conclusion that the arresting officer had reasonable and probable grounds to arrest. Even if we were to agree with the appellant’s submission to the contrary, we are of the view that the evidence that resulted from the search of the appellant was properly admissible under s. 24(2) of the Charter. The appeal against conviction is dismissed.

[2] Prior to the hearing of this appeal, the appellant filed notice of abandonment of his sentence appeal, which is dismissed as an abandoned appeal.