People v. Trejo CA2/2

BACKGROUND

Procedural history Defendant was charged with possession of a controlled substance, in violation of Health and Safety Code section 11377, subdivision (a). The information alleged that defendant had suffered a prior serious or violent felony conviction within the meaning of Penal Code sections 1170.12, subdivision (b), and 667, subdivisions (b)-(j) (the “Three Strikes” law),1 and that he served three prior prison terms within the meaning of section 667.5, subdivision (b). After his arraignment defendant sought to suppress the evidence against him. On June 12, 2014, after the trial court denied the motion pursuant to section 1538.5, defendant entered into a plea agreement in which he pled no contest to the charged offense and admitted the prior strike conviction in exchange for a six-year prison term. Defendant filed a timely notice of appeal, challenging only the denial of his motion to suppress evidence. Prosecution evidence Los Angeles Sheriff’s Deputy Donald Chavez testified that on March 23, 2014, at approximately 4:00 a.m., he and his partner, Deputy Roberts conducted a protective sweep of a residence as part of their assistance to the Department of Children and…