Vega

possession of marijuana, in violation of section 11530 of the Health and Safety Code. He was granted probation. He has appealed from the judgment (order granting probation). For the reasons set forth below, we affirm.

The sole contention made on this appeal is that the evidence against defendant was improperly admitted because obtained by illegal means. That contention is not open to defendant on this appeal.

Defendant made a motion under section 1538.5 of the Penal Code to suppress the evidence against him, and also moved to dismiss the information under section 995 of that code. Both motions were granted. The People then appealed from the order of dismissal and petitioned for a writ of mandate to compel the trial court to vacate the order of suppression. Division One of this court reversed the order of dismissal and issued its writ of mandate, directing the trial court to vacate its order suppressing evidence and to make an order denying the motion to suppress. (People v. Superior Court (Vega) (1969) 272 Cal.App.2d 383 [ 77 Cal.Rptr. 646 ].)

Under these circumstances, the question of the admissibility of the evidence is no longer a litigable issue. Once a motion to…