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P. v. Stewart
After the preliminary hearing magistrate denied his motion to suppress evidence, defendant Deandre Leron Stewart entered a plea of no contest to one count of possession of a controlled substance for sale (Health & Saf. Code, § 11378) and admitted having one prior strike conviction within the meaning of the three strikes law. (Pen. Code, §§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i).)[1] Pursuant to negotiated disposition, the trial court sentenced defendant to serve two years eight months in state prison and imposed other orders.
On appeal, defendant contends he has been deprived of his federal constitutional right to meaningful appellate review because the trial court did not retain the exhibits introduced during the combined preliminary hearing and hearing on his motion to suppress evidence, but instead returned the exhibits to the parties. Thereafter, one of the exhibits was apparently lost. Acknowledging any challenge to the magistrate’s ruling on the suppr

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