P. v. Butkovic
Defendant Mario Juan Butkovic was charged with sale of a controlled substance while armed with a firearm (Health & Saf. Code, § 11379, subd. (a); Pen. Code, § 12022, subd. (c) - count one), possession of a controlled substance for sale while armed with a firearm (Health & Saf. Code, § 11378; Pen. Code, § 12022, subd. (c) - count two), possession of a controlled substance while armed with a firearm (Health & Saf. Code, § 11370.1, subd. (a) - count three), possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1) - count four), and possession of ammunition by a felon (Pen. Code, § 30305, subd. (a)(1) - count five). The trial court denied defendant’s Pitchess[1] motion and his motion to suppress evidence pursuant to Penal Code section 1538.5. Defendant pleaded no contest to counts one, three, and five in order to receive a stipulated sentence of three years and eight months. Counts one and four were dismissed. The trial court sentenced defendant to a term of three years and eight months in state prison. Defendant filed a timely notice of appeal.
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