People v. Butler

Defendant Rodney Butler entered a plea of guilty to one count of transportation of cocaine (Health & Saf. Code, § 11352) (Appeal No. H002599). In a companion case, Butler entered a plea of guilty to one count of possession for sale of cocaine (Health & Saf. Code, § 11351) (Appeal No. H002624). He was sentenced to three years in state prison on the count of transportation of cocaine and was given a concurrent sentence of three years for the possession for sale of cocaine conviction. As to each three-year sentence imposed, Butler contends that the court failed to give adequate reasons for its sentencing choice. (Cal. Rules of Court, rule 31(d).) Pursuant to Penal Code section 1538.5, subdivision (m), Butler also appeals from the judgment of conviction for transporting cocaine, seeking further review of the validity of the detention and subsequent body search which led to his arrest and conviction.

Appeal No. H002599

On February 12, 1986, as part of his typical security check, Seaside Police Officer Kevin Smith drove by the Highway Liquor Store near Del Monte and Playa Streets shortly before 2 a.m. When he arrived he saw a blue and white Cadillac stop adjacent to telephone…