Beaty v. Gold Springs West Assn
On January 13, 2010, police officers executed a search warrant at appellant Heriberto Gabriel Ibarra’s residence, where they found, among other things, cocaine and a fully loaded shotgun. A defense motion to quash the search warrant and suppress evidence was heard and denied. Later, appellant pled no contest to a single count of possession of cocaine for sale (Health & Saf. Code, § 11351) and entered into a stipulated sentence of two years in state prison. On September 29, 2011, the court sentenced defendant to two years in state prison.
The sole ground for appellant’s appeal is his contention that the October 1, 2011, amendment to Penal Code section 1170, subdivision (h), should be applied retroactively, notwithstanding that the legislation expressly states that it shall be applied prospectively. Appellant contends that equal protection principles mandate retroactive application of the statutory amendments. We disagree and affirm.
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