P. v. Powers
Following a hearing where the trial court denied defendants motion to suppress the evidence (Pen. Code, 1538.5),[1]defendant pleaded no contest to possessing cocaine base for sale (Health & Saf. Code, 11351.5). Defendant appeals and contends that the lower court erred in denying his motion to suppress the evidence. Additionally, he claims that the court breached his plea bargain agreement when it did not announce in open court that it was dismissing count 2 and all of the enhancement allegations. He also asserts that the matter should be remanded for resentencing or he should be able to withdraw his plea because, after he plead no contest to count 1, the court announced its ruling on defendants motion pursuant to People v. Marsden(1970) 2 Cal.3d 118 (Marsden) in the presence of the prosecution. Court are unpersuaded by defendants arguments and affirm the judgment.
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