Guerrero

Pursuant to Penal Code section 1538.5, subdivision (i), petitioner seeks a writ of mandate directed to respondent court requiring it to annul its action of August 14, 1969, denying his motion to suppress evidence, and to make a new and different order granting the motion to suppress evidence.

We have concluded that the trial court’s action in denying the motion to suppress evidence was correct and that the alternative writ heretofore issued should be discharged and the peremptory writ denied.

Statement of Facts

By stipulation of the parties, the 1538.5 motion was submitted to the trial court on the transcript of the preliminary examination and argument by counsel. Evidence of the following facts was presented at the preliminary examination: At approximately 6 p.m. on May 27, 1969, Deputy Sheriff Richard Kennedy contacted a confidential informant at East Los Angeles sheriff’s station. The informant told Deputy Kennedy that a person by the name of “Joe,” whom he described as a male Caucasian of Latin descent, approximately 35 to 40 years old, 5 feet 7 inches in height, and 135 pounds in weight, was living at 1571 Ridgecrest, Apartment “F,” and drove a blue Camaro which…