Grant

People v. Grant

Caution
1990 Cal. App. LEXIS 125·217 Cal. App. 3d 1451·266 Cal. Rptr. 587
Court of Appeal of CaliforniaFebruary 15, 1990F011666California3,616 words

Opinion

Opinion

Best, J.

Statement of the Case

Pursuant to a plea bargain which included a 10-year lid on the trial court’s sentencing power, defendant entered a nolo contendere plea to transportation of cocaine (Health & Saf. Code, § 11352) and possession of cocaine for sale (Health & Saf. Code, § 11351) and admitted attendant enhancement allegations that the quantity of cocaine exceeded 10 pounds within the meaning of Health and Safety Code section 11370.4, subdivision (a)(2), and that the cocaine in defendant’s possession exceeded 57 grams within the meaning of Penal Code section 1203.073, subdivision (b)(1).

Defendant was sentenced to state prison for four years for transportation of cocaine plus five years, consecutive, for the special allegation for a total term of nine years. He was sentenced to state prison for three years on the possession charge plus five years for the special allegation, execution of sentence stayed pursuant to Penal Code section 654.

On appeal, defendant challenges the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5, contending the discovery of the cocaine resulted from an unlawful detention. We affirm.

Statement of Facts

The…

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