Castro

On the basis of evidence seized in their residence during a search pursuant to a warrant, appellant John Henry Castro and his wife Gloria were charged by indictment with one count of possessing controlled substances for sale (Health & Saf. Code, § 11351), four counts of receiving stolen property (Pen. Code, § 496, subd. 1), one count of possessing narcotic paraphernalia (Health & Saf. Code, § 11364), one count of possessing marijuana (Health & Saf. Code, § 11357), and eight counts of possessing property from which the serial numbers had been removed (Pen. Code, § 537e, a misdemeanor). Later by supplemental indictment it was alleged Castro had suffered four prior felony convictions (two convictions of Pen. Code, § 459; Veh. Code, § 506 and Pen. Code, § 288a). The court denied pretrial motions under Penal Code sections 995, 1531 and 1538.5 and, after an in camera hearing, also motions to disclose the identity of the informant.

One month later, pursuant to a plea bargain, Castro pleaded guilty to possessing heroin (Health & Saf. Code, § 11351) and receiving stolen property (Pen. Code, § 496, subd. 1). The court dismissed the remaining 13 counts and struck the allegations…