P. v. Ausema CA5
Pursuant to a negotiated plea, appellant Marc Charles Ausema pled no contest to count 2 possession of heroin for sale (Health & Saf. Code, § 11351). In exchange, the count 1 charge of transportation of heroin (Health & Saf. Code, § 11352, subd. (a)) and an allegation that he had been previously convicted of sale or transportation of a controlled substance (Health & Saf. Code, § 11370.2) were dismissed. Ausema was sentenced to three years’ formal felony probation, with the condition that he serve 120 days in county jail. He contends the trial court erred in denying his suppression motion at the preliminary hearing, or alternatively that defense counsel rendered ineffective assistance by failing to renew the motion in the superior court. We affirm.
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