P. v.Martinez
Appellant, Faustino Diaz Martinez, was charged in an information filed June 19, 2006, with possession of a controlled substance (Health & Saf. Code, 11377, count one) and resisting arrest (Pen. Code, 148, subd. (a)(1), count two).[1] The information further alleged a prior serious felony conviction within the meaning of the three strikes law ( 667 subd. (d)) and three prior prison term enhancements ( 667.5, subd. (b)). On August 28, 2006, the trial court denied appellants suppression motion ( 1538.5). On February 16, 2007, appellant waived his constitutional rights and entered a guilty plea to count one. He also admitted the prior serious felony conviction and the prior prison term enhancements.
The court sentenced appellant on June 8, 2007, to a prison term of two years on count one, which it doubled pursuant to three strikes, to four years. The court struck the prison priors. Criminal proceedings were suspended and appellant was referred to the California Rehabilitation Center (CRC) for four years. On June 13, 2007, it was determined that appellant was not statutorily eligible for placement in CRC and he was sent to the California Department of Corrections to serve his sentence. Appellant contends the trial court erred in denying his suppression motion.
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