People v. Ricks CA5

INTRODUCTION

This is an appeal from two cases.1 On October 25, 2012, the Kern County District Attorney filed an information in case No. BF144431A charging defendant Kenneth McCarty Ricks in count 1 with possessing cocaine base for sale (Health & Saf. Code, § 11351.5) and in count 2 with transporting cocaine base (Health & Saf. Code, § 11352). As to both counts, the information alleged that defendant had been previously convicted of two strike felonies. (Pen. Code, §§ 667, subds. (c)–(j) & 1170.12, subds. (a)–(e).)2 Defendant pled not guilty to all counts and denied all allegations. On November 21, 2012, defendant filed a motion to suppress evidence pursuant to section 1538.5. The prosecutor filed a written opposition. On December 11, 2012, the court denied the motion after receiving evidence and listening to oral arguments from both parties. On December 14, 2012, defendant withdrew his pleas of not guilty and pled no contest to count 1 and admitted the two strike priors attached to count 1. The prosecutor dismissed count 2 and the respective allegations. Defendant was sentenced concurrently on this present case and in Kern County Superior Court case No. BF142634A.3 The court…