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Susan S. Bauguess, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.
On March 17, 2005, an amended information was filed by the Riverside County District Attorney, which charged defendant with one count of possession for sale of cocaine base (Health & Saf. Code, § 11351.5)[1] (count 1) and one count of sale/transportation of cocaine base (§ 11352, subd.(a)) (count 2). Various prior convictions were also alleged within the meaning of section 11370.2, subdivision (a), along with five prior prison terms which were also alleged, within the meaning of Penal Code section 667.5.
On June 1, 2005, the trial court denied defendant's motion to suppress evidence (Pen. Code, § 1538.5). Thereafter, on April 12, 2006, defendant plead guilty to count 2, transportation of cocaine base (§11352, subd. (a)), admitted two of the section 11370.2, subdivision (a) allegations, and one prior prison term allegation. He was sentenced that day to the low term of three years, plus an additional three years for each of the two section 11370.2 enhancements, and one year for the prior prison term enhancement, for a total prison commitment of ten years. Defendant was awarded the appropriate custody credits and his sentence was ordered to run concurrent to any parole violation.
Facts
On February 17, 2005, around 12:15 a.m., Hemet Police Officer Charles Johnson was on patrol with his partner, Officer Garcia, in the area of Elk Street in Hemet. They noticed a dark Honda Accord with its lights on parked in the traffic lane, next to a van, at 200 South Elk. Both vehicles were facing the same direction. As they approached the vehicles, the Honda accelerated and turned left into the Jackson Mobile Home Park. The police officers followed the Honda, and as it was about to stop at Space 49, they pulled alongside of it.
Johnson asked the driver if he lived in the park and if the Honda belonged to him. The driver, identified as defendant said, â€
Description
On March 17, 2005, an amended information was filed by the Riverside County District Attorney, which charged defendant with one count of possession for sale of cocaine base (Health & Saf. Code, S 11351.5) (count 1) and one count of sale/transportation of cocaine base (S 11352, subd.(a)) (count 2). Various prior convictions were also alleged within the meaning of section 11370.2, subdivision (a), along with five prior prison terms which were also alleged, within the meaning of Penal Code section 667.5.
On June 1, 2005, the trial court denied defendant's motion to suppress evidence (Pen. Code, S 1538.5). Thereafter, on April 12, 2006, defendant plead guilty to count 2, transportation of cocaine base (S11352, subd. (a)), admitted two of the section 11370.2, subdivision (a) allegations, and one prior prison term allegation. He was sentenced that day to the low term of three years, plus an additional three years for each of the two section 11370.2 enhancements, and one year for the prior prison term enhancement, for a total prison commitment of ten years. Defendant was awarded the appropriate custody credits and his sentence was ordered to run concurrent to any parole violation.
