P.

STATEMENT OF THE CASE

On February 7, 2012, a complaint charged defendant and appellant Robert Olivas

Serrano III with one count of possession of marijuana for sale under Health and Safety

Code section 11359. Defendant was arraigned two days later; he pled not guilty.

On June 13, 2012, defendant filed a motion to suppress evidence under Penal

Code section 1538.5. The prosecution opposed the motion. On June 27, after hearing

argument from both sides, the trial court denied the motion. After the motion was denied,

the parties stipulated that the hearing on the motion would also serve as the preliminary

hearing. The court then held defendant to answer on the charged offense, and an

information charging the same count as the complaint was filed.

On the same date, June 27, 2012, defendant plead guilty to count 1 (Health & Saf.

Code, § 11359), in exchange for the agreed-upon sentence of 60 days in county jail and

three years’ formal probation. The court found that defendant understood and had

waived his constitutional rights, and that he had entered into the plea knowingly,

intelligently, freely, and voluntarily. The parties stipulated that the preliminary hearing

provided…