People v. Pendergrass CA5
Opinion
Opinion
INTRODUCTION
Shawnie Pendergrass (appellant) pleaded no contest as charged to possession of methamphetamine for sale (Health & Saf. Code, § 11378; count 1) with an enhancement for possession of more than 28.5 grams of methamphetamine (former Pen. Code, § 1203.073, subd. (b)(2)),1 misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 2), and misdemeanor possession of drug paraphernalia (Health & Saf. Code, § 11364; count 3). She was placed on three years of felony probation and ordered to serve 180 days in county jail. On appeal, we agree with appellant’s claim that the section 1203.073, subdivision (b)(2) enhancement must be stricken because the section was repealed prior to appellant’s plea. We also agree that appellant’s probation term must be reduced from three years to two years in light of section 1203.1, subdivision (a), which was amended prior to appellant’s plea. However, we conclude the trial court did not err in denying appellant’s motion to disclose the identity of a confidential informant and motion to quash the search warrant and suppress evidence. In all other respects, we affirm.