P. v. Rose CA2/2
Appellant Michael Rose pled no contest to one count of possession for sale of a controlled substance (fentanyl), in violation of Health and Safety Code section 11351. He admitted an allegation under section 11370.2, subdivision (a), that he had suffered a prior conviction for violating section 11351. He was sentenced to county jail for a total of six years (the midterm of three years for the substantive offense, plus three years for the prior conviction enhancement).
Appellant timely appealed from the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. His attorney originally filed a brief under People v. Wende (1979) 25 Cal.3d 436, and appellant filed a supplemental brief. At appellant’s request, we struck those briefs and granted appellant permission to file a new supplemental brief, in which he contends that his sentence enhancement must be stricken under recently amended section 11370.2. The People agree and so do we.
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