P. v. Davis
Following the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5, defendant Benith Davis was awaiting trial on felony charges of being a past convicted felon in possession of a firearm (Pen. Code, 12021), and possessing heroin for sale (Health & Saf. Code, 11351). Pursuant to a negotiated disposition, defendant entered a plea of guilty to the firearm charge, with an indicated sentence of 16 months; the drug charge was dismissed. The trial court sentenced defendant to state prison for 16 months, in accordance with the parties plea agreement. Defendant filed a timely notice of appeal, and he obtained a certificate of probable cause. His sole contention is that his suppression motion was erroneously denied. Court find this contention to be without merit, and affirm.
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