P. v. Mercer
Appellant Jeff Corey Mercer was charged in count 1 with transport of a controlled substance in violation of Health and Safety Code[1] section 11379, subdivision (a), in that it was alleged he unlawfully transported and offered to transport six grams of methamphetamine; in count 2 with possession for sale of a controlled substance in violation of section 11378, in that it was alleged he unlawfully had in his possession six grams of methamphetamine for sale; in count 3 with resisting an officer in violation of Penal Code section 148, subdivision (a)(1); and in count 4 with wrong-way operation of a bicycle in violation of Vehicle Code section 21650.1.
As to counts 1 and 2, it was alleged that prior to the instant offenses Mercer was convicted of crimes in violation of section 11378, within the meaning of section 11370.2, subdivision (c), and was convicted of a crime in violation of section 11379, also within the meaning of section 11370.2, subdivision (c). It was further alleged that Mercer served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b).
At the preliminary hearing, the court denied Mercer's motion to suppress evidence pursuant to Penal Code section 1538.5. About four months later, the court denied Mercer's motion to reconsider his motion to suppress and found upon independent review of the preliminary hearing transcript that the original motion was properly denied.
In January 2012, Mercer pled guilty to all counts and allegations. The court subsequently sentenced Mercer to five years in state prison.
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