Bustamante

A jury found defendant guilty of possession of heroin (§ 11500, Health & Saf. Code). She appeals from the judgment and order denying her motion under section 1538.5, Penal Code. While the order itself is not appealable, it is reviewable on an appeal from the judgment of conviction. (People v. Jasso, 2 Cal.App.3d 955, 962 [ 82 Cal.Rptr. 229 ].)

On October 17, 1969, between 6 and 7:30 p.m. Officers Waers and Marine approached apartment 3 at 4925 Slauson Avenue in order to execute a warrant authorizing a search thereof and of several persons, including defendant. They walked up the stairs leading to apartment 3 and found Ruben Armenia, one of the persons named in the warrant, sitting approximately two feet from the apartment door on the top step; they walked past him and knocked on the door. Within a few seconds a little girl came up the stairs, walked past Armenia and the officers and opened the door. Through the open door Officer Waers was able to see dependent and her husband sitting in the front room; he informed them that he was a police officer, had a search warrant and was going to enter the apartment in order to search it; he showed them the warrant and began the…