P. v. Smith
In this appeal after resentencing, Larry Lionell Smith contends that he did not enter an open plea to the charges against him and that his counsel provided ineffective assistance. Court disagree. Court begin with a brief review of the history of the case. At the preliminary hearing, the arresting officer testified that on July 27, 2007, he observed Smith driving a car. The officer recognized Smith from previous traffic stops and knew that he was on parole. He also recognized Smiths passenger as a parolee. He decided to conduct a traffic stop because Smith and his passenger were on parole; he did not observe any traffic violation. In the ensuing parole search of Smiths car, the officer recovered from inside the trunk of the car a clear plastic baggy containing four additional baggies within that bag containing large clusters of an off-white substance resembling cocaine base. The parties stipulated that lab analysis revealed that the substance in the baggy was 23.63 grams of cocaine base.
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