Fisher

After the denial of his motion to suppress, defendant Scott Monroe Fisher pled guilty to felony possession of methamphetamine, a controlled substance (Health & Saf. Code, § 11377, subd. (a)), and the misdemeanor of being under the influence of methamphetamine (Health & Saf. Code, § 11550, subd. (a)). Defendant also admitted that he had a prior conviction of a serious or violent felony (Pen. Code, § 667), namely assault with personal use of a deadly weapon, and that he had served two prior prison terms (Pen. Code, § 667.5).

The trial court sentenced defendant to 32 months in prison, based on the lower term of 16 months for the felony, doubled under the “three strikes” law. The court struck the prison prior enhancements pursuant to the plea bargain.

Defendant contends on appeal that the police had no basis to detain him, since he was the passenger in a car stopped for a traffic violation. For the reasons stated below, we will affirm the judgment.

Facts

The suppression motion was made at a special hearing in the superior court. We do not review the preliminary examination transcript as there was no stipulation to its consideration by the superior court. (People v.…