P. v. Rivers
Appellant was charged with possession for sale of a controlled substance in violation of Health and Safety Code section 11378 and transportation of a controlled substance in violation of Health and Safety Code section 11379, subdivision (a). As to each charged offense it was further alleged that at the time they were committed, appellant was on bail on three previous cases in violation of Penal Code section 12022.1.
Appellant's motion to suppress was denied. He then entered a plea of nolo contendere to the substantive offenses and admitted the special allegations. Probation was denied and appellant was sentenced to the midterm of three years in prison on the charge of transporting a controlled substance. A three-year sentence imposed for sale of a controlled substance was stayed pursuant to Penal Code section 654. Additional two year sentences imposed on the bail enhancements were also stayed and later were dismissed pursuant to negotiated dispositions in two other cases.
A timely notice of appeal was filed.
On appeal, the record of evidence presented to this court was by way of a settled statement because neither the recording nor the transcript of appellant's suppression motion could be located. We concluded the appellate record was insufficient and incomplete and directed the court and parties to present a new settled statement. On October 6, 2006, a hearing was held. At that time witnesses previously examined at the May 23, 2005, suppression hearing were recalled for the purpose of refreshing the trial court's recollection concerning the evidence presented at that hearing. The parties thereafter submitted a "Settled Statement and Amendment to Settled Statement" and filed supplemental briefs.
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