Haybron

Defendants were charged in count I in an information with sale of marijuana (Health & Saf. Code, § 11360, subd. (a)) and in count II with possession of concentrated cannabis, commonly referred to as “hash,” (Health & Saf. Code, § 11357, subd. (a)). They moved to set aside the information pursuant to Penal Code section 995. That motion was denied. Pursuant to a plea bargain, they then pleaded guilty to count II, and count I was dismissed. Pursuant to Penal Code section 1538.5, subdivision (m), defendants appeal from the judgments contending that certain evidence against them should have been suppressed. We affirm.

Defendants did not seek a hearing in the superior court under Penal Code section 1538.5, subdivision (i), but elected to raise the suppression issue under Penal Code section 995, by contending that all of the evidence presented to the magistrate was incompetent in that it was the product of an unreasonable search and seizure and hence the transcript of the preliminary hearing contained no competent evidence to provide a basis for the magistrate’s determination in holding them to answer. Our review of the case is thus based on the evidence contained in the…