P. v. Belke
Defendant Ronald Belke was charged with one count of being a felon in possession of a firearm (Pen. Code, 12021, subd. (a))[1] and two counts of illegal possession of ammunition ( 12316, subd. (b)(1)). The information also alleged defendant had served three prior prison terms. ( 667.5, subd. (b).) After defendants motions to suppress evidence ( 1538.5) and to set aside the information ( 995) were denied, he pled guilty to one count of illegal possession of ammunition and admitted two prior prison terms, with a stipulated total state prison term of four years. The trial court thereafter imposed that sentence (the midterm of two years on count two, plus two years for the prior prison terms). Defendant contends his motions should have been granted because the officers search exceeded the scope of a lawful protective sweep. Court disagree and shall affirm.
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