What is the effect of section 11370.2 of the California Penal Code on a motion to suppress evidence pursuant to section 1538.5?

California, United States of America


The following excerpt is from People v. Rose, B280904 (Cal. App. 2018):

Appellant timely appealed from the denial of his motion to suppress evidence pursuant to Penal Code section 1538.5. His attorney originally filed a brief under People v. Wende (1979) 25 Cal.3d 436, and appellant filed a supplemental brief. At appellant's request, we struck those briefs and granted appellant permission to file a new supplemental brief, in which he contends that his sentence enhancement must be stricken under recently amended section 11370.2. The People agree and so do we. Accordingly, the judgment is modified to strike the three-year sentence enhancement imposed under former section 11370.2, subdivision (a).

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