Escobedo

This is an appeal from a judgment upon a plea of guilty of possession of amphetamine. (Health & Saf. Code, § 11910; see new § 11377.) Appellate jurisdiction is conferred by subdivision (m) of Penal Code section 1538.5 which allows this appeal for the purpose of reviewing the ruling of the superior court in refusing to suppress evidence obtained by search and seizure.

The principal issue to be decided is whether the trial judge who denied a motion to suppress had been disqualified by a declaration filed under section 170.6 of the Code of Civil Procedure.

Pursuant to appellant’s request for augmentation of the record, and in order to have the complete procedural history leading to the attempt to disqualify the judge who heard the suppression motion we have ordered the superior court file transmitted and made a part of the record on appeal. (Rule 12a, Cal. Rules of Court.)

An information was filed July 31, 1970, charging appellant and Mrs. Chavira jointly in two counts: count I, possession of secobarbital for sale, and count II, possession of amphetamine for sale. (Health & Saf. Code, § 11911; see new § 11378.)

On September 17, 1970 both, represented by attorney Barry…