Henry

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1315 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1316 OPINION Pursuant to a negotiated disposition, defendant entered a no contest plea to one count of felon in possession of a firearm (Pen. Code, § 12021 , subd. (a)(1)), 1 and was sentenced to two years in state prison. On appeal, defendant challenges the trial court's denial of his motion to suppress pursuant to section 1538.5, as authorized by section 1538.5, subdivision (m) and California Rules of Court, rule 8.304(b)(4)(A) and (B). At the heart of the issues raised in this appeal is the retroactivity of the recent United States Supreme Court decision in Arizona v. Gant (2009) 556 U.S. ___ [ 173 L.Ed.2d 485 , 129 S.Ct. 1710 ] ( Gant ) (refining the permissible scope of a search incident to the arrest of a recent occupant of an automobile under New York v. Belton…