Punchard

Defendant was charged with and initially pled not guilty to three counts of receiving stolen property, a violation of Penal Code, section 496.

Defendant’s suppression motion (Pen. Code, § 1538.5) or, in the alternative, to traverse and quash the search warrant was denied. Defendant withdrew his plea of not guilty to count I and, after proper rearraignment, entered a guilty plea thereto. Counts II and III were dismissed.

The record shows that a preliminary hearing was set for March 9, 1978, and at that time Attorney Jefferson appeared representing co-defendant Saunders. It was stated that defendant was in prison and not present, hence a warrant issued as to him. Motions to traverse the warrant and a section 1538.5 motion on behalf of Saunders were heard on March 17 and denied. The actual preliminary hearing was held on April 6 with Jefferson representing Saunders and defendant, both defendants being present. Defendants were held to answer. On May 25, in the superior court, Jefferson appeared with codefendant Saunders, and Herzog, deputy public defender, for defendant. Both defendants were present. A section 1538.5 motion was then posed and continued to July 24 with…