P. v. Daniels CA5
After his motions challenging searches and seizures of evidence were denied, defendant negotiated a plea agreement pursuant to which he pled no contest to one count of resisting arrest by force or violence, with a gang enhancement, and one count of possession of cocaine base for sale. He was sentenced to the midterm of two years on the resisting arrest count, with two years for the enhancement; he was given a concurrent midterm sentence of four years on the drug possession count. Defendant appeals, seeking review of the denial of his motions to suppress evidence, the denial of his motion to traverse and quash a search warrant, and the partial denial of his motion seeking disclosure of police officer personnel records. He also challenges the four-year sentence on the drug possession count. We modify the sentence on the drug possession count, and affirm the judgment as modified.
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