Applin
People v. Applin
Opinion
Opinion
[Opinion certified for partial publication. [*] ]
OPINION
DIBIASO, Acting P.J.
Following denial of his suppression motion (Pen. Code, [1] § 1538.5), appellant Jesse Chris Applin pleaded guilty to possession of cocaine base (Health & Saf. Code, § 11350, subd. (a)) and admitted having suffered a prior felony conviction (§ 667, subds. (c)-(j)). He was sentenced to 32 months in prison, calculated as the lower term of 16 months doubled pursuant to section 667, subdivision (e). He obtained a certificate of probable cause (§ 1237.5) and has timely appealed.
In the published portion of this opinion, we will hold that section 667, subdivision (c)(5), a provision of the so-called "three strikes" law, does not violate principles of equal protection in its reduced award of conduct credits to recidivist offenders. In the unpublished portion of this opinion, we will hold that the trial court did not err when it denied appellant's motion to suppress evidence.
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Subdivisions (b) through (i) of section 667 comprise the three strikes law, which was enacted as an urgency measure and which became effective on March 7, 1994. (Stats. 1994, ch. 12, §§ 1-2.) [12]…