P. v. Love
Appellant Jackie Love was charged by information with possession for sale of cocaine base (count 1) (Health & Saf. Code, 11351.5); possession of a firearm by a felon (count 2) (Pen. Code 12021, subd. (a)(1)); possession of ammunition (count 3) (Pen. Code, 12316, subd. (b)(1)); and misdemeanor possession of marijuana (count 4) (Health & Saf. Code, 11357, subd. (b)).
Appellant entered a plea of not guilty. She filed a motion pursuant to Penal Code section 1538.5 to suppress evidence seized during a search of her home. The trial court denied the motion and, pursuant to a negotiated plea, she entered a plea of no contest to possession for sale of cocaine base. The remaining counts were dismissed. The trial court suspended sentencing and placed appellant on three years formal probation with the condition that she serve 180 days in county jail. Appellant claims her suppression motion should have been granted and the evidence seized from her apartment excluded. She contends the matter must be remanded so she can withdraw her plea. Court disagree and affirm.
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