P. v. Gee
Defendant Paul Gee appeals from a judgment entered after he pleaded no contest to one count possession of a controlled substance for sale (Health & Saf. Code, 11378, and admitted one strike prior and two prison priors. (Pen. Code, 1170.12, subd. (c)(2); 667.5 subd. (b).) The trial court imposed the stipulated term of 8 years in prison and granted credit for 794 days. On appeal defendants counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Based on this courts review of the record on appeal, Court asked counsel for defendant and respondent to submit further briefing on the question of whether the trial court erred in denying the section 1538.5 motion to suppress evidence. In his supplemental brief, defendant concedes that his detention was legal. However, he contends that the trial court erred in denying the motion, because the detention became a de facto arrest not based on probable cause. Finding no error, Court will affirm the judgment.
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