Dees

Defendant Claude Leal Dees appeals from the judgment of conviction (order granting probation) entered after he pleaded guilty to possession of narcotics (Health & Saf. Code, § 11500). At the time he entered his plea, a second count charging possession of narcotic paraphernalia was dismissed, and an allegation of a prior conviction was stricken. On appeal, the defendant seeks a review of the denial of his motion to suppress evidence under Penal Code section 1538.5 which preceded his plea.

At the hearing on the motion to suppress evidence, the People stipulated the police officers who arrested Dees entered the apartment in which he was arrested without complying with Penal Code section 844 and had no search warrant. Also by stipulation, the motion was heard and determined on the testimony taken at Dees’ preliminary hearing together with the testimony at the preliminary hearing in the related case of People v. Austin.

Insofar as pertinent to this appeal, the evidence at the two preliminary hearings shows: On March 13, 1970, at approximately 1:45 p.m., Parole Officer Charles Pasquel (Paschal-?), accompanied by San Diego Police Officers Leigh Emmerson and Clifford Collins,…