Ramis
Ramis v. Superior Court of Los Angeles Cty.
Opinion
Opinion
Files, J.
A complaint filed in municipal court charged petitioner with violations of sections 11358 and 11359 of the Health and Safety Code. At his preliminary examination, he moved, pursuant to section 1538.5 of the Penal Code, to suppress evidence upon the ground it was obtained by an illegal search and seizure. The motion was denied by the magistrate and petitioner was bound over to the superior court for trial. After the trial in the superior court had commenced, petitioner was allowed to change his plea to guilty of violation of section 11359. Following that, he substituted new counsel and, when arraigned for judgment, he moved to withdraw that plea, supporting his motion by a declaration which, in effect, alleged inadequate representation by counsel. The motion was denied and he was sentenced. He presented to the court a notice of appeal indicating that he desired to raise on appeal the denial of his municipal court motion under section 1538.5 and the denial of his motion to set aside the plea. The trial court denied his request for a transcript and his request for a certificate under section 1237.5 of the Penal Code.