P. v. Arthur
After his Penal Code section 1538.5 motion to suppress evidence was denied, on March 3, 2009, appellant Erik Arthur entered no contest pleas to one count of transportation of a controlled substance (cocaine) in violation of Health and Safety Code section 11352, subdivision (a) (count one) and one count of possession for sale of a controlled substance (cocaine) in violation of Health and Safety Code section 11351 (count two). Appellant admitted that he possessed for sale 57 grams or more of a substance containing cocaine within the meaning of Penal Code section 1202.073, subdivision (b)(1).[1]
On September 10, 2009, the court sentenced appellant to the lower term of three years on count one and imposed, but stayed pursuant to Penal Code section 654, a one third the midterm sentence or two years on count two. However, imposition of sentence was stayed pending disposition of this appeal. Appellant filed a timely notice of appeal the same day as he was sentenced based on the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. Court affirm.
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