McCraw

The defendant appeals from a guilty plea pursuant to Penal Code section 1237.5 after a denial of a motion to dismiss (Pen. Code, § 995). The magistrate, after denying a motion to suppress pursuant to Penal Code section 1538.5, held the defendant to answer. The trial court reviewed the transcript of the preliminary hearing and the defendant’s motion to suppress pursuant to Penal Code section 1538.5 and denied the motion to dismiss. The trial court sentenced the defendant to the low term of two years for a violation of Health and Safety Code section 11351 (possession of cocaine for sale).

Statement of Facts

Officer Sullivan of the Ontario Police Department stopped the defendant’s vehicle because it had no front license plate. He then ran a records check on the defendant and the passenger in the car. When the dispatcher advised him the search was clear, Officer Sullivan issued the citation and the defendant started to drive off. As the defendant pulled away, the dispatcher notified the officer that there was a possible warrant out of the State of Washington. He then stopped the defendant’s car again and asked for confirmation from the dispatcher. The officer detained the…