P. v. Ervin
An information filed November 23, 2011, charged Ervin with one count of vehicle taking (Veh. Code, § 10851, subd. (a)) and one count of evading an officer (Veh. Code,
§ 2800.2, subd. (a)) and with allegations of five strike priors. (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).) Ervin waived his right to counsel and represented himself. On November 29, 2011, he pleaded not guilty to both counts and denied the allegations.
Ervin then filed two written motions to suppress evidence on the ground that the search and his arrest were effected without a warrant. Evidence was taken; the motions were argued; and the trial court denied the motions, concluding that there was probable cause for Ervin’s detention and arrest.
The parties stipulated to amend the information to add count 3, charging Ervin with violation of Penal Code section 496d, receiving a stolen vehicle. Pursuant to a plea agreement, the prosecution dismissed all but one of the alleged strike priors; Ervin pleaded nolo contendere to count 3, and was sentenced on June 7, 2012, to an agreed mid-term of two years, doubled to four years for one strike prior, with a waiver of presentence custody credits. Notice of appeal was filed June 7, 2012.
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