P. v. Diaz
Appellant Joe Diaz was charged with two counts of felon in possession of a firearm (Pen. Code, 12021, subd. (a)(1) (section 12021(a)(1)), based on two handguns that were found in the trunk of his parked car. The information also alleged two prior felony convictions for the purpose of section 12021 and one prior strike conviction pursuant to the Three Strikes law. His motion to suppress evidence pursuant to Penal Code section 1538.5 was denied. Pursuant to a negotiated plea, he pled no contest to the two prior convictions and the low term of 16 months in prison on one of the section 12021(a)(1) counts. The remaining allegations were dismissed. He was sentenced in accordance with the plea. He appealed. He has been released on bail throughout the trial and appellate proceedings. Appellant contests both the legality of the search and the constitutionality of section 12021(a)(1). Court find no error and affirm.
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