P. v. Valdovinos
Defendant Claudio Lorenzo Valdovinos pleaded no contest to two felony offenses, possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and removing or taking an officer’s weapon other than a firearm (Pen. Code, § 148, subd. (b)),[1] and misdemeanor resisting, delaying, or obstructing an officer (§ 148, subd. (a)(1)). He admitted the allegations that he had one prior violent or serious felony within the meaning of the “Three Strikes†law (§§ 667, subds. (b) – (i), 1170.12) and had served a prison prior term (§ 667.5, subd. (b)). The trial court sentenced defendant to a total term of four years in the state prison.
On appeal, defendant contends that the trial court erred in (1) denying his motion to suppress evidence under section 1538.5; (2) failing to stay the sentence on the misdemeanor conviction pursuant to section 654; and (3) failing to award conduct credit under the version of section 4019 operative on October 1, 2011.
For reasons that we will explain, we find no merit in defendant’s contentions and we will therefore affirm the judgment.
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