Thompson

Defendant appeals from judgment entered on a plea of guilty to possession for sale of cocaine (Health & Saf. Code, § 11351.5) and that it was a violation of section 1203.073, subdivision (b)(5) of the Penal Code, and to possession of phencyclidine (Health & Saf. Code, § 11377, subd. (a)).

Procedural Background

At the conclusion of the preliminary hearing, the prosecutor offered in evidence as exhibit one 21.5 grams of cocaine and 4 milliliters of phencyclidine (PCP). Defense counsel objected to their admission and moved to strike testimony relative to their being packaged for sale. The magistrate admitted the narcotics in evidence and denied the motion. The defense offered no evidence, and defendant was held to answer.

In superior court defendant moved to suppress the evidence under Penal Code section 1538.5. The court ruled that defendant’s objection to the admission of exhibit 1 in municipal court constituted a 1538.5 motion; deemed the motion to suppress made in superior court to be a renewed 1538.5 motion which did not entitle defendant to an evidentiary hearing, and the evidence on the special hearing to be limited to a review of the transcript of the preliminary…