Perales

Defendant was charged by information with illegal possession of heroin (Health & Saf. Code, § 11500). Defendant thereafter made motions to set aside the information and to suppress evidence under sections 995 and 1538.5 of the Penal Code. Each motion was denied. Defendant pleaded "Not Guilty" and personally and through counsel waived the right to a jury trial. All counsel and defendant stipulated to submission of the cause on the preliminary hearing transcript. After a reading of the transcript, the court found defendant "Guilty" as charged.

Defendant's motion for a new trial was denied. Criminal proceedings were then adjourned and a petition ordered filed for an examination of defendant and a hearing pursuant to section 3051 of the Welfare and Institutions Code. At the hearing held in Department 95 of the Superior Court of Los Angeles County, defendant was found to be a narcotic drug addict and committed to the Director of Corrections for placement as provided for by law.

Defendant appeals from the "judgment" rendered against him and from the order denying his motion for a new trial. [1]

In an earlier case, defendant was placed on probation and ordered, as a…