P.

INTRODUCTION

Appellant/defendant Jimmy Lee Cruz (defendant) was charged with several drug- related offenses: count I – possession of methamphetamine for sale (Health & Saf. Code, § 11378); count II – possession of hydrocodone for sale (Health & Saf. Code, §11351); count III – unlawful possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)); count IV – unlawful possession of hydrocodone (Health & Saf. Code, § 11350, subd. (a)); and count V unlawful possession of drug paraphernalia (Health & Saf. Code, § 11364).1 Defendant changed his plea to no contest in exchange for a court-indicated sentence of three years in jail. Subsequently, he was sentenced to four concurrent three- year jail terms on counts I through IV. Defendant raises a number of issues on appeal. First, he claims the superior court erred in denying his motion to suppress evidence found in an apartment under color of a search warrant. Second, he asserts that his sentences on counts III and IV must be stayed pursuant to Penal Code2 section 654. Finally, he argues that equal protection considerations require that section 4019 be applied retroactively. We will stay the execution of the sentences on counts…