Honore

Defendant appeals from the judgment convicting him of possession of marijuana for sale (Health & Saf. Code, § 11530.5) and possession for sale of a restricted dangerous drug in the nature of an amphetamine (Health & Saf. Code, § 11911). Both appellant’s pretrial motion to suppress under Penal Code section 1538.5 and the cause on its merits were submitted to the trial court on the transcript of the preliminary hearing.

Appellant’s Contentions

Appellant does not question the sufficiency of the evidence to prove his guilt but attacks the judgment solely on the basis of two contentions, namely: (1) that his arrest and the search made incident thereto were illegal; and (2) that the attorney who appeared for him at his trial had not been regularly substituted for the private attorney whom he had employed and that said appearing attorney failed to provide him with competent representation as evidenced by his joining in the stipulation to submit the cause on the transcript of the preliminary hearing. In support of the foregoing assignments of error appellant has advanced the following basic contentions: “(1) A search and/or arrest warrant is required under the Fourth Amendment…