Ciraco

A jury convicted defendant Joseph Paul Ciraco of nine counts of first degree burglary. (Pen. Code, §§ 459, 460.) Defendant admitted serving a prior separate prison term for a Florida burglary in 1980. (§ 667.5, subd. (b).) He appeals from a judgment sentencing him to a total unstayed term of 17 years in state prison.

In an unpublished portion of this opinion, we consider and reject defendant’s claims of error set forth in the margin. Here we consider defendant’s contention that a magistrate erred in refusing to entertain a section 1538.5 motion at a preliminary examination. We conclude the magistrate erroneously refused defendant the opportunity to make his motion but the error does not require reversal of the judgment because defendant made a section 1538.5 motion de novo in superior court. We therefore affirm the judgment.

On July 25, 1983, a preliminary hearing was held before Magistrate U. Defendant stood charged in this case with nine counts of burglary. Evidence at this hearing consisted mainly of fingerprint comparisons between those found at burglarized residences and defendant’s booking prints. Defendant moved pursuant to section 1538.5 to suppress the…