Burch

Appellant, Kevin Woodrow Burch, was charged by information with possession of methamphetamine (Health & Saf. Code, § 11377), a felony (count I); possession of a hypodermic needle and syringe (Bus. & Prof. Code, § 4143, subd. (a)), a misdemeanor (count II); driving with a suspended or revoked driver’s license (Veh. Code, § 14601.1., subd. (a)), a misdemeanor (count III); and driving an unregistered vehicle (Veh. Code, § 4000, subd. (a)), an infraction (count IV). Count I also alleged appellant had suffered a prior robbery conviction within the meaning of Penal Code section 667.5, subdivision (b).

Appellant’s Penal Code section 1538.5 motion to suppress evidence seized at the time of appellant’s detention was denied by the trial court. Thereafter, appellant pleaded guilty to counts I, II and III and admitted the prior conviction. Count IV was dismissed. Appellant was placed on probation and ordered to serve one year in the county jail and pay a restitution fine of $150. He filed a timely notice of appeal.

Facts

On December 22, 1984, at approximately 4:30 a.m., Modesto Police Officer Thomas Allen, while on patrol, pulled over a gray Chevrolet for án expired registration…