People v. McKnight CA6

I. Statement of the Case

In November 2013, the Santa Clara District Attorney charged defendant with possession of methamphetamine with a prior strike conviction. Defendant pleaded not guilty and denied the strike conviction. At defendant’s preliminary hearing on April 18, 2014, the magistrate heard defendant’s suppression motion. The motion was denied. A few days later, the prosecutor filed an information which charged the same offense and allegation. Defendant again pleaded not guilty. In May 2014, defendant brought a motion to dismiss pursuant to Penal Code section 995 on the ground that the motion to suppress was improperly denied. The prosecutor filed opposition. Following a hearing, the motion was denied. In June 2014, defendant pleaded no contest to the methamphetamine charge and admitted the prior strike conviction. At his sentencing hearing in August 2014, the trial court granted defendant’s Romero1 motion and placed defendant on probation for five years on condition, among other things, that he enter a substance abuse treatment program. Defendant filed a timely appeal.

II. Statement of Facts

At approximately 10:50 p.m. on November 6, 2013, San Mateo County Sheriff’s…