Nickleberry

The People charged defendant with violation of Health and Safety Code section 11351.5, possession for sale of cocaine base, a felony. They further alleged that defendant had been convicted of a prior offense pursuant to Penal Code section 667.5, subdivision (b); the prior offense being violation of section 459, first degree burglary.

Defendant filed a motion to suppress evidence pursuant to section 1538.5 in the superior court, seeking to suppress the cocaine which was seized when defendant was arrested. The court held a hearing to determine the admissibility of the disputed evidence; it ruled the evidence admissible.

The trial court granted the People’s motion to amend the information to charge possession of cocaine (Health & Saf. Code, § 11350), and defendant changed his plea to guilty and admitted the truth of the prior offense. He was sentenced to state prison for the lower term of one year, four months for possession of cocaine and one year for the prior felony conviction, to be served consecutively for a total term of two years, four months.

I

Facts

At approximately 12:05 a.m. one morning Officers Ruston, and his partner Rice, and Cavender, and his partner…