Esparza

Esparza was charged with violations of section 11500 of the Health and Safety Code (count I) and section 11721 of the Health and Safety Code (count II). A motion under section 995 of the Penal Code was denied. He pleaded not guilty. A motion under section 1538.5 of the Penal Code was submitted on the transcript of the preliminary hearing, plus additional testimony. The motion was denied. Esparza then changed his plea to guilty on count I. On motion of the People, the remaining charges were dismissed. Proceedings were suspended and probation granted, contingent upon certain terms and conditions including a requirement that Esparza spend the first nine months in jail, the sentence to run concurrently with that in an unrelated case. He appeals from the judgment, as he is permitted by section 1538.5, subdivision (m) of the Penal Code. A purported appeal from an order denying a motion for a new trial must be and hereby is dismissed.

At about 9 a.m. on March 6, 1968, Officer Frigo of the Montebello Police Department received a radio call, based on a telephone complaint, that there was a suspicious vehicle containing two male occupants of Mexican extraction parked in front of…