P.

STATEMENT OF THE CASE

On December 20, 2011, appellant, Eric Michael Rubio, was charged in an information with being a convicted felon in possession of ammunition (Pen. Code, § 12316, subd. (b)(1), count 1), misdemeanor driving a vehicle under the influence of alcohol (Veh. Code, § 23152, subd. (a), count 2), and misdemeanor driving with a blood alcohol level of .08 percent or higher (Veh. Code, § 23152, subd. (b), count 3). The information alleged as to counts 2 and 3 that appellant refused a blood alcohol test (Veh. Code, § 23612). It was further alleged that appellant had one prior serious felony conviction within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)). At the conclusion of a hearing on January 27, 2012, to suppress evidence pursuant to Penal Code section 1538.5, the trial court denied appellant‟s motion. On February 3, 2012, appellant entered into a plea bargain and waived his rights pursuant to Boykin/Tahl.1 Appellant pled no contest to the first two counts and admitted the three strikes allegation with the understanding that the trial court would strike it at the sentencing hearing. Under the plea agreement, the…