Nerell

Petitioner (Nerell) was charged in the municipal court with possession.of marijuana (Health & Saf. Code, § 11530), possession of marijuana for purposes of sale (Health & Saf. Code, § 11530.5), possession of dangerous drugs (Health & Saf. Code, § 11910), and possession of dangerous drugs for purposes of sale (Health & Saf. Code, § 11911). A combined preliminary examination and motion to suppress hearing was conducted in the municipal court. The municipal court suppressed a quantity of contraband which was found in a briefcase in the petitioner’s residence at the time of his arrest. As a result of the ruling, petitioner and a codefendant (Larson) were held to answer only on one count, to wit, possession of marijuana (Health & Saf. Code, § 11530).

An information was filed in the superior, court charging Nerell and Larson with possession of marijuana (Health & Saf. Code, § 11530) and possession of marijuana with intent to sell (Health & Saf. Code, § 11530.5). Petitioner pleaded not guilty. The district attorney requested a special hearing to relitigate the validity of the municipal court judge’s order suppressing evidence. (Pen. Code, § 1538.5, subd. (j).) Transcripts of the…