P. v. Ruben
Appellants Denna James (James) and Alton Ruben (Ruben) were charged with possession for sale of cocaine base (Health & Saf. Code, 11351.5) and transportation of a controlled substance (Health & Saf. Code, 11352, subd. (a)). The information alleged that Ruben sustained a prior conviction for attempted carjacking (Pen. Code, 664; 215, subd. (a)),[1]a serious felony under the Three Strikes Law ( 1170.12, subds. (a) through (d); 667, subds. (b) through (i)). It was also alleged that both Ruben and James sustained convictions for which they served four separate prison terms within the meaning of section 667.5, subdivision (b). After the trial court denied a defense motion to suppress evidence obtained during the search of a vehicle operated by Ruben, the information was amended to include a count alleging that Ruben and James possessed a controlled substance in violation of Health and Safety Code section 11350, subdivision (a). The first two counts were dismissed and Ruben and James entered pleas of no contest to the third count for possession of a controlled substance. On appeal, they contend that the motion to suppress should have been granted. As Court discuss below, this contention lacks merit. Court affirm the judgments.
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